VI- THE FAMILY (3)1.

Both of them autho or ratified within 300 days after termination of the
2. in an instrument written by them and former marriage.
Legend: signed TN. The actual separation of spouses and not the final
3. Recorded in the civil registries together judgment should be the starting point for counting
-marriage -building with the birth cert of child.o 300 days because the litigation for annulment may last
H and W- husband and wife F.C. -Family Code -Impotency not a requirement. long after spouses shall have actually separated.
Legit- legitimate
Illegit-illegitimate Who are deemed illegitimate: Grounds in impugning the legitimacy of the child
Fam-family -Conceived and born outside of a valid marriage unless
provided under the F.C. 1. Phsical impossibility of the H to have
A. Concept: Family as institution. sexual intercourse with his W within the
-Foundation of the nation, basic social institution. Legit vs. Illegit: 1st 120 days immediately preceeding the
Governed by Law and no customs, public policy shall childs birth due to:
given effect that would destroy it. Legit Illegit a. Physical Incapacity of H
Includes: b. H and W live separ
Art. 150-family rel includes: 1. See (2) 1. Conceived c. Serious Illness of H
1. Bet Husband and Wife 2. Conceived or and born ouside of 2. Biological or scientific proof that child
2. Parents and children born b4 judgment of valid M or inside a could not have been of the husband
3. Ascendants and Descedants annulment of absolute void ab initio 3. Wrtten auth 4 art. insemination of either
4. Bro and Sis whether half or full blod. nullity of Psycho. Inca. marriages and parent obtained through, fraud, violence,
(Sorry 4 d shortcut). 3. Born in marriage declared intimidation.
subsequent void void for being contrary
Art. 151- No suits shall prosper bet family (1)unless it marriage due to failure to
In a bar question the biological father in an art.
to comply with Art 52 2. Conceived
appears in verified complaint or petition that earnest Insemination was the one given sperm coz they did
and 53. and born after the
effort towards compromise has been made but same not execute a written authorization and signed the
4. Concieved or decree of annulment
has been failed. Dismissed if (1) not followed. born on mothers who of a voidable marrige document before the birth of child.
might have declare
Exception to above: (1) against its legitimacy or How could the other established paternity? By
1. Involve a stranger sentence as adulteress following the process see (3).
2. Comprises is invalid: Civil Status of Art. 167
persons, validity of marriage or L.S., 5. Legally When action to impugn legitimacy be brough?
jurisdiction of courts, ground for L.S., Adopted 1. Within 1 year (4)from knowledge of birth or
future support and future legitime. 6. Legitimated: recording in the civil registries, if the hiers,
Conceived and born husband reside in the city or municipality
outside of wedlock who where birth took place or recorded.
B. THE FAMILY HOME no legal impediment at
2. Within 2 years see(4) where H or in default
time of conception and
Heirs reside in the Phil but do not reside in
subsequently married.
-Family Home- constituted jointly by husband and there.
wife, or unmarried head of the family, it is the 3. 3 years-if they reside abroad.
dwelling house where they and their fam resides and TN. Cannot collaterally attacked only directly.
Right to bear surname Mothers surname
the land where its situated.
Joint authority of parents Mother only GR only the Husband can impugned legitimacy except:
- When? Constituted from the time it is occupied as 1. Heirs of Husband if the H die before
fam residence. Support preference given No preferrence expiration of period to file.
to Mother if Father 2. H die after filing complaint and did not
-beneficiaries of fam home: insufficient. desist
1. H and W, or unmarried person who is the head of 3. Child born after husband death.
the fam.; Entitled to inheritance ½ of legit inhertiance
2. their parents, ascend, descent, bro and sis, whether B. PROOF OF FILIATION
half or full blood, living in the family home and who -SSS and GSIS Primary -No primary beneficiary
depends upon the head of the family for legal support; benefeciary -None Filiation of legit children established by:
3. inlaws, provided jointly constituted by h and w. -Father entitiled to 7 day 1. Record of birth -appearing in a civil
paternity leave
registrar or a final judgment;
-exemption that family home shall exempt from 2. Admission of legitimate (or illegitimate)
execution: (tax-de-mor- ) Presumption on the legitimacy of child born after the filiation in a public document or private
1. Non-payment of taxes mother contracted a subsequent M: handwritten inst. signed by parent
2. debts- incurred prior to the constitution of family concerned;
home -1. If marriage terminated Absence of such:
3. debts -secured by mortgages on or b4 constitution 2. Mother contracted another marriage 1. Open and continuous possession of the
4. debts- for building of family home ex. Builders, 3. Within 300 days after such termination of former status of a legit or illegit;
architects and mechanics. marriage, these rules govern: 2. Other means allowed by:
a. Act or declaration concerning
a. Child born b4 180 days after the pedigree;
Art. 161-Costitution of fam Home: solemnization of subsequent M-conceived b. Family reputation or tradition
xxx Continues despite the death of one or both concerning pedigree(descent,
during former M, provided it be born
spouses or unmarried head of the family for 10 years , succession of degrees);
within the 300 days after termination of
or as long the minor leaves therein and such continues former M. c. Judicial Admission;
till he reached majority of age. Xxx d. Admission of a party
See others. Former M Subsequent M e. Admission by silence
-Oral evidence may be admitted in d absence of
TN. only 1 family a person could constitute. document.
*(the 300 days that child shall be born dapat and the
period of Former M to Subseq M
VII-PATERNITY AND FILIATION Who-action to claim Legitimacy:
1. Child- during his lifetime;
A. LEGITIMATE CHILDREN 2. Heirs of the child within a period of 5
a. (born b4 180 days) b. ( born after 180 days)
-Who?(2) 1. Children conceived or born during years:
-conceived during Former M -conceived during Subsequent M
marriage of the parents; provided that * a. Child dies during the minority
2. Children conceived as a result of Artificial Subsequent Marriage b. “ “ in a state of insanity
Insemination of the wife: c. “ “ after action has been
a. Sperm of H b. Child born after 180 days ff celebration of instituted
b. Donor subsequent M is considered to have been
c. both, provided conceived during such M, even born

1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
Rights of a legitimate child
1. Bear surnames -of the F and M
2. Receive support from parents, their
ascendants and their bro and sis
3. Entitled to other Legitimate and
successional rights granted by Civil Code
4. Receive support from their ascend and
descent of same line
5. Inherent Ab intestado(an heir) from
legitimate parents and ascend
C. ILLEGITIMATE CHILDREN
RIGHTS:
1. Use the surname and shall be under the
parental authority of their mother;
2. Entitled to support
3. Entitled to the legitime which shall consist
of ½ of the legitime of a legitimate child;
4. Receive support only upto
grandparents and grandchildren.
Can use the surname of father by:
1. Their filiation-expresssly recognized by
the father through record of birth
appearing in civil registry;
2. Admission in a public document or private
handwritten inst. Made by d Father,
provided that the father has the right to
institute an action b4 regular courts to
prove non-filiation during his lifetime.
-Illegitimate filiation is established in same way with
and evidence as legitimate children and same period,
except if based on 2nd par of Article 172, in which d
action may be brought during the lifetime of the allege
parent.
-The father cannot compel nor d mother to use their
surname to their children. It’s the right given to the
child.
D. LEGITIMATED CHILDREN
only children conceived and born outside of
wedlock
who at the time of conception of former were
not disqualified by any impediment to marry each
other
-not include under disqualification of below 18
years old, they did not to go under the process of
adopting their own offspring.
When shall legitimation takes place?
-subsequent valid M between parents
-Annulment of voidable M shall not affect the
legitimation.
-Retroact to the time of the childs birth.
Rights include the same rights as legitimate children.
-Who may impugn the legitimation of a child and
within what period shall commence:
-only those who are prejudice in their rights
-within 5 years from the time their cause of action
accrues (arise).
In a case: C was born out of a wedlock by A and B may
be legitimated because he is a natural child while D
who is born while A and X were married cannot be
legitimated. His status is illegitimate that cannot be
legitimated.
VIII. ADOPTION
A. DOMESTIC ADOPTION ACT (RA 8552)
B. INTER COUNTRY ADOPTION ACT OF 1995
(RA 8043)
RA 8552 RA 8043
Who can adopt?
1.Filipino Citizen : (6)
a.Of legal age
b.Can support and care for
his/her children
c.Good Moral Char
d. Possession of full civil
capacity
or legal rights;
e. at least 16 y/o older than
the adoptee, except:
i.Adopter is the biological
parents of the adoptee
ii. Adopter is the spouse of
the adoptees parent(asawa
niya)
f.not convicted of any crime
involving moral turpitude
g.emotionally and
psychological capable
2.Alien
Same as Filipino
the qualifications:, provided:
a.Same Diplomatic relations
with the Phil;
b. Living in the Phil for atleast
3 years continuously prior
application for adoption and 4.Has not convicted of moral
maintain residence until the
adoption decree is entered;
except:
i.A former Fil citizen seeks to
adopt relative within the 4th
degree consanguinity or 6.Proper care and support
affinity;
ii.one who seeks to adopt the
legitimate son/daughter of
his/her Fil spouse;or
iii.married to a Fil citizen and 6.uphold the rights of the
seeks to adopt jointly with
his/her spouse a relative
th
within the 4 degree of
consaguiity and affinity of Fil
spouse.
7.has
c.Cert to have legal capacity
to adopt by his/her
diplomatic consular office but
certification may be waived n
d same instancefor waiver of 8.possesses
residency requirement in (b);
and
d. Certified by said office that
his govt allows the adoptee to
enter his country as his
adopted child.
3.Guardian
a.After termination of
guardianship with ward;
b. Clearance of his/her
financial accountability
his/her countries
Who can be adopted?
1.Any person below 18y/o
voluntarily committed to
DSWD or judicially declared
available for adoption;
2. Legitimate child of other
spouse;
3. Illegit child of qualified
adopter to improve the chids
status
4. Person of legal age, prior to
adoption has been
consistently considered by
adopter as his/her own child
since minority;
5.Previously rescinded
adoption
6. Child whose biological
parents or adoptive parents
died provided that a lapse of
6 months should be given b4
adoption.
Pops, a former fil and her American Husband can
jointly adopt one of her minor brother coz she and her
1. Any Alien;or
2. Filipino citizen, both
permanently residing
abroad.
Conditions:
1.Atleast 27 y/o and 16 y/o
than the adoptee, at the
time of application unless
adopter is:
a.parent by nature of the
child to be adopted;or
b.spouse of such parent
2. If married his/her spouse
must jointly file for the
adoption;
3. Capacity to act and assume
all rights and
responsibilities of parental
authority under his/her natl
laws, and has undergone
the appropriate conselling
from an accredited
counsellor in his/her
country;
turpide
5.Eligible to adopt under his
natl law
and give necessary moral
values and example to all
his children
child under the UN
Convention on the Rights of
a child and abide the rules
of inter country adoption;
same diplomatic
relation with the Phil and
that adoption is allowed
under their nationality ;
all the
qualifications and non of
the disqualifications of
intercountry adoption.
1.Only legally-free child
-child has been voluntarily
or involuntary committed
to the DSWD of the Phil, in
accordance with child
youth and welfare code.
-It must be shown that the
child cannot be adopted
locally.
-NO physical transfer 6
months from execution of
Deed of Voluntary
Commitment;Except
1.Adoption by the relative;
2. Children with medical
condition.
2
husband are both qualified to adopt. The SC qualifies
that H and W are required to adopt jointly, each one
of them must be qualified to adopt on his/her own
right. Provided Living in the Phil for atleast 3 years
continuously prior application for adoption and
maintain residence until the adoption decree.
Rights of an Adopted Child
-Effects of adoption: (RA 8552)
1. Severance of ties bet biological parent and adoptee,
now vested in the adopter, except be biological parent
is the spouse of the adopter;
2. Legitimate child of the adopter
3.In Legal or intestate succession, the adoptee and
adopter shall have reciprocal rights without
distinction from legitimate filiation. However, f ders a
will rule of testamentary succ will followed
-Family Code:
1. Adopted shall be deemed to b a legitimate child of
d adopter and acquire reciprocal rights and obligation
arising from relationship of parents and child,
including the rights to bear surnames;
2. Parental authority-shall be terminated (original
parents), except that adopter is the spouse of the
parent by nature of the adopted, parental authority
shall be vested jointly.
3. However, adopted shall remain the intestate heirs
and other blood relatives.
Rules in (5)legal and intestate succession to the estate
of the deceased:
1.Legit and illegit children and descent and surviving
spouse of the adopter shall inherit from the adopted
under rules (5).
2. Parents, (legit or illegit) or legit ascendants of
adopted concur with adopter, they shall divide the
entire estate ½ each of them.
3. Same rules applies-if the spouse/illegit children of
the adopted concur with adopter.
1. Adopter Inherit from (Marian)
-( and who’s Legit or illegit children/descend of
adopter/surviving spouse of the Adopter)
Adopted (Joy)
2. Adopted shall inherit from (Joy)
-(and who’s Legit or illegit Parents of adopted or legitimate
ascendants of the adopted concur with the adopter).
Adoter- ½ each of them
4. When adopters concur with the illegitimate children
and the surviving spouse of the adopted-they shall
divide the entire estate in equal shares, 1/3 illegit
children, 1/3 surviving spouse, 1/3 surviving spouse of
the adopters
5. Adopters inherit full if he/she only survives;
6.When only collateral blood relatives of the adopted
survives, then (5) shall apply.
Rescission of Adoption (Sex-At-Rep-Ab)
Grounds are: Adoptee may
1. Attempt on the life of the adoptee;
2. Sexual assault or violence;
3. Abandonment and failure to comply with the
parental obligations and
4. Repeated physical or verbal maltreatment by the
adopter despite having undergone counseling.
TN. Adopters cannot rescind the adoption but he may
disinherit the adopted under Art 919.
1.Attempt on the life
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1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
2. Accusation of imprisonmet of more than 6years and L.S., the guilty spouse may support the innocent 5. Both died, absence, unsuitability,-the
more spouse upon the court order. grandparent.
3.Convivtion of adultery and concubinage with the
spouse of the adopter D.AMOUNT Concept of Filial Privilege
4.Refusal to support Art. 201-proportion to the resources or means of the -concept that no descendants shall be compelled to
5.Maltreatment giver and necessities of recipient. testify against his parents and grandparents except if
6.leads a dishonourable and disgraceful life The amount in judgment and contractual support indispensable in a crime against them.
7. civil interdiction subject to modification when necessary.
E.WHEN DEMANDABLE-to give support
Effects of Rescission of the Adoption: From d time d person needs it to maintenance
1.Original parental authority/biological parents but shall be paid only from the date of judicial or extra
restored or legal custody of DSWD if adoptee is still a judicial demand.
minor C.SUBSTITUTE AND SPECIAL PARENTAL AUTHORITY
2.Reciprocal rights bet adopter and adoptee F.OPTIONS In case of default of parents or judicially
extinguished To give by the person oblidge- appointed guardian.
3. Amended Certi of birth cancelled and its original 1. Paying the allowance fixed; The ff exercise P.A.: In order of preference same with
restored; 2. Receiving and maintaining in the family appointment of judicial guardian over d property.
4. Succession reverts prior adoption but vested rights dwelling the person who has the right to 1. Surviving grandparents
respected. receive support. 2. Oldest bro and Sister over 21 y/o unless unfit or
TN. #2. Not availed in case of moral and legal obstacle. disqualified.
IX. SUPPORT (Sup) 3. Actual custodian over 21y/o unless unfit.
G.ATTACHMENT-the right to support
-Comprises: (Art 194) It depends. GR. The right to support in not subject to When shall special PA be exercise?
Everything indispensable for sustenance, Attachment. 1. In case of foundling, abuse, neglected or
dwelling, clothing, medical, education and 1. The right to receive support as well as abandoned children, under summary
transportation even beyond age of majority in keeping money or prop obtained shall not be proceeding to heads of children home,
with the financial capacity of the fam. (MEDS-CT) levied upon on attachment or execution; orphanage and similar institution duly
2. In case of contractual support or that accredited by proper govt agency;
-Who are obliges to support each other? given by will, the excess in amount beyond 2. (7)The school, its administrator or
1. The spouses that required for legal support shall be individual entity engage in child care over
2. Legitimate ascen and descent subject to the attachment or execution. minor child inside or outside of school
3. Parents to their *legit children and the premises of school, entity or institution.
legit/illegit children of such children. X. PARENTAL AUTHORITY
4. Same no.3 but the child is *illegit. Case where acts or omission of minors causes the ff:
5. Legitimate Bro and Sis, whether half and A.GENERAL PROVISIONS Liable: Under (7) shall be principally and solidarily
full The scope of parental authority: liable for damages of such minors.
6. Bro and sis not legitimately related, Pursuant to natural right of parents of their Liable:Under the parents, judicial guardian of persons
whether half and full blood, are likewise unemancipated child the ff: exercising substitute parental authority shall be
bound to support each, except when the 1.The caring and raring of civic consciousness and subsidiarily liable.
need for support of the bro and sis, being efficiency Defense: exercise due diligence required under
of age, is due to a cause imputable to the 2. The dev’t of moral, mental and physical char and particular exercise.
claimant’s fault or negligence well being. Cases not covered shall be govern by quasi-delict.

-Properties answerable for support: GR the parental authority cannot be renounced or C.EFFECTS OF PARENTAL AUTHORITY UPON THE
1. The spouses-prop of ACP and CPG. In absence, the transferred except in cases provided for by the law. PERSONS OF THE CHILDREN/ward
property of each spouse is answerable for the support
of each other. Eslao Case: The entrusting of the parents to godfather 1. Keep them in their company
2. Legitimate children from legitimate parents-same and friend of a child does not constitute abandonment 2. Give them love and affection
above No.1 of P.A. Except only in Adoption, Guadianship and 3. Provide moral and spiritual guidance
3. Legit parents from legit children-their properties. surrending to orphanage. 4. To furnished them good and wholesome
4. Descendants, whether legit/illegit, from the education materials;
legitmate parents of their parents-(grandparents) The P.A, is jointly exercise by both parents. In case of 5. Represent them in all matters affecting
separate property of the grandparents disagreement d decision of the F prevails their interest
5. Illegit children from the parents-separate prop of To apply to illegitimate the ff must concur 6. Demand respect and obedience
the parents 1. The F is certain 7. To impose disciple
6. Bro and Sis-property of the obligor. 2. The illegitimate chidren are living with the 8. Other function provided by law/
TN. In case the prop advance the ACP and CPG due said father and mother who are cohabiting
from the separate the property of a spouse the without the benefit of M and void M Court conditions in the appointment of the guardian
amount advance shall be deducted from the share of falling under Art 36 and 53.(Psychological of child’s property or a guardian ad litem?The best
the spouse oblidge upon the liquidation of the ACP Inca. And not compliance with the interest of the child should be taken into
and CPG. requirements. consideration.

Whenever 2 or more person are obliged to give -The obligation of children is to observe and respect Measures taken in to discipline the child?
support, to whom shall liability devolve? and reverence toward the parents and obey them as 1. Parents petition the court for the
The ff order: long as they are under the parental auth. disciplinary measures of the child where it
1. The Spouses reside
2. Descendants of the nearest degree FF effect of: Note: Include the commitment of child in
3. Ascendants of the nearest degree 1. Absence of spouse either spouse-the the children’s home duly accredited and
4. The Brother and Sister present one (6)continue to exercise PA shall not interfere with except the
2. Death of either-the present spouse (6) support. The court may terminate the
Payment above is made equally divided between 3. Remarriage of surviving parent-not affect commitment whenever just and proper.
them. But in case of urgent needs only one may order parental auth unless the court designae 2. Summary Hearing and the child shall be
by the court without prejudice to claim against the other. entitled to the assistance of the counsel in
other. 4. L.S-those designated by the court. The his choice or appointed by court.
court considering the age of child below 7 3. The courts discretion if deprivation or
C.SUPPORT DURING MARRIAGE LITIGATION y/o. No child under y/o shall be separated suspension of the parental authority.
GR the spouses ceases to support each other after by their mother unless the court finds
final judgment annulling the marriage. But, in case of compelling reasons.
 4
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
D. EFFECT OF PARENTAL AUTHORITY UPON THE 1. If the W is the guilty party, she shall
PROPERTY OF THE CHILDREN XI. EMANCIPATION resume her maiden name and surname
Attainment of the age of majority. 2. If innocent spouse, resume her maiden
1. The F and M shall jointly exercise legal Commences at the age of 18 y/o name and surname. But continues to
guardianship over the property of the employ husband surname, except:
unemancipated common child without Effect of emancipation a.Court decree
court appointment. The F prevail in case of -terminates parental authority over the person and She is married or former husband married.
disagreement. property of the child who shall be qualified of all the
2. Market value of property or annual acts of civil life. How about L.S. or death?
income exceeds 50K the parents May continue to use name prior to granting LS.
concerned shall be required to furnished a XII. SUMMARY JUDICIAL PROCEEDINGS IN THE Widow may still use the surname of his H as though he
bond determine by court but not less than FAMILY LAW CASES is living.
10% of the value of property to guarantee -Scope of application of the procedural rules provided
obligation prescribed for general in the Family Code: Unless provided by SC Rules in case of identity of names and surnames
guardians 1. Separation in fact bet H and W 1. The younger person shall be oblidge to use
3. Property of unemancipated child shall 2. Abandonments additional name or surname to avoid
earned or acquired with his own industry 3. Other incidents involving P.A. confusion
or work shall be devoted exclusively to the 2. Bet Ascendants and descendants the word
latter’s support. XIII. RETROACTIVITY OF THE FAMILY CODE jr can be used by the son. Grandson and
-The Fam Code shall have retroactive effect provided it other direct male descendants shall either:
Note: The rights of the parents over fruits and income does not prejudice or impair vested rights ( should be a.Add a middle name or the mothers
shall be devoted primarily to the latters support or upon Court discretion). surname
education and secondary to the collective needs of the b. Add the roma numerals II, III and so
family. XIV. FUNERALS on….
Duty to make funerals ad arrangement of the funerals Note: Juniors may be used by daughter
The ordinary rules on guardianship shall be merely in accordance with the right and duty of support
suppletory except: (Which will not be suppletory) under Art 199 of Fam Code. In case of descendants of GR a person cannot use different names or surnames.
1. When the child is under substitute the same degree of the same degree, or Bro and Exception is the use of pen names and stage names
parental authority Sister, the oldest shall be preferred. In case of provided in good faith and not prejudice 3rd person
2. The guardian is a stranger ascendants, the paternal shall have the right. Note:Damages for using name and surname of other
3. A parent has remarried persons.
The Rules:
Rule in case the parents entrust the mngt or 1.Keeping in the social position of the deceased XVI. ABSENCE (CIVIL CODE ART 43 AND 41 OF FAM
administration of their properties to their 2. In accordance with the expressed wishes of the CODE)
unemancipated child: deceased
1. The net proceed of such prop shall belong 3. In absence, his religious beliefs or affiliation shall A. PROVISIONAL MEASURES IN CASE OF ABSENCE
to the owner determine funeral rites Takes place in:
2. The child shall be given reasonably 4.In case of doubt, The Fam Code shall applied in Art 1.Person disappearance from his domicile
monthly allowance, if the administrator is 199 after consulting other members of the family. 2. Whereabouts unknown
a stranger, unless grant the entire 5. No human remain shall be retained etc without the 3. Leaving without an agent to administer his/her
proceeds consent of the persons property.
3. The proceeds shall be charge to child 6.Any person who disrespect the deads or allows the
legitimes same or wrongfully interferre with funeral shall be Relief:
liable to damages, material or moral 1. Judge may appoint a person to represent
E. SUSPENSION OR TERMINATION OF PARENTAL 7. If the deceased is married, the tombstone shall be at the instance of:
AUTHORITY deemed part of funeral expenses and chargeable a.An interested party
1. Civil Interdiction penalty carries with it. Exception, against CPG. b.Relative
reinstated upon service and pardon or amnesty of the c.Friend
offender. Case of Valino: The surviving spouse shall have the Preferrence in case of appointment of representative:
2. Excessive or harsh treatment of the child right to the funeral arrgment of his deceased husband 1. The Surviving spouse when ders no LS
3. Corrupt orders and not the common law partner. 2. Absence, any competent person.
4. Compelled to beg
5. Subject the child to acts of lasciviousness Art. 199 B.DECLARATION OF ABSENCE
6. Culpable negligence 1. Sposue Court may declared absence of a person:
2. Descendants of the nearest degree 1. 2 years have elapse without having news
Termination of PA 3. Ascendants “ “ “ with the absentee or since the receipt of
Either Permanent or temporary: (+-+-emance) 4. The brother and sister the last news;and
1. Upon the death of the parents 2. 5 years in case the absentee left a perso
2. Upon the death of the child XV. USE OF SURNAMES incharge of administration of his prop.
3. Upon emancipation of the child Note: The judicial declaration of absence shall not take
Note: A child is emancipated upon reaching the age of Rules: effect until 6 months after its publication in a
majority which is 18 y/o 1.Legit/legitimated/child conceived b4 the decree of newspaper of general circulation.
annulling a voidable M- shall use d name of F
Unless subsequently revived by a final judgment, 2.Illegitimate use the surname of M Who may ask for DOA?
parental authority terminates also by: 3.Adopted shall use the surnanme of adopter 1. The spouse presents;
1. Adoption 2. Heirs instituted in a will, presented in an authentic
2. Appointment of General Guardian Rules on Surname by the Married woman: copy;
3. Judicial declaration of abandonment of the 1. Use her maiden first name and surname 3. Relative who may succeed by law of intestacy
child and add her husbands surname;or 4. Who over the prop of absentee has some right
4. Final Judgment of Court divesting parental (Catherine Joy Catamin-Hyun) subordinate to the condition of his death.
authority 2. Her maiden 1st name and her husband
5. Upon judicial declaration of absence or surname(Catherine Joy C. Hyun) C.ADMINISTRATION OF THE PROPERTY OF THE
incapacity of the person exercising PA 3. Her husband full name but prefixing a ABSENTEE
Note: Under the Child Abuse Law (RA7610)-The State word indicating that she is his wife suc as Limitation on the power of the wife appointed as
shall intervene on behalf of the child when parents, Mrs. (Mrs. Kim Tae Hyun) admnistratix of the husband prop. Cannot alienate or
guardian. Teacher or person having custody of the encumber husband property or conjugal partnership
child fails or is unable to support and shall be How about annulment of Marriage Rules: without judicial authority
committed to the DSWD.
 5
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
When does administration of the property of the -The Civil Registrar shall be liable in case there is b.immovable or real prop
absentee ceases: unathourized alteration;defense-taken reasonable 2. Ownership
1.When absentee appears personally or by means of precaution to prevent unlawful alteration. a. Public dominion
agent b. Private Ownership
2.Death of absentee is proved and his testate and B. CORRCTION OF CLERICAL ERROR (RA 9048) 3. Alienability:
intestate (An act authorizing city or municipal registrar or the a. Within the commerce of man(may be
3. Third prson appers with a document that acquired consul general to correct a clerical or typographical the objects of contract or judicial transaction
the absentee prop by purchase or other title. error in an entry and/or change of 1st name or b. Outside the commerce of man
nickname in the civil registrar without need of a (prohibited drugs)
D.PRESUMPTION OF DEATH judicial order, amending for this purpose Art 376 and 4. Existence:
Rules as to presumption of death: 412 of civil code. a.Present prop
Ordinary Absence: b.future prop
1. After 7 yrs absence-the person is What entries in Civil Registries may be changed or 5.Materiality
presumed dead for all purpose except corrected without judicial order (Bar 2006)? a.Tangible or corporeal
those of opening succession. -Under RA 9048, only clerical or typographical error b.Intangible or incorporeal
2. After 10 yrs absence-the person is and first or nicknames may be change or corrected 6. Dependence or importance
presumed dead for purposes of opening without judicial order. a.Principal
succession except if he disappear after the b.Accessory
age of 75, in which case a period of 5 yrs is Refers to mistakes commited in the performance of 7.Capability of substitution
sufficient clerical or work in writing, copying, transcibong, or a.Fungible(capable of substitution)
3. Absence of 4 yrs-the person is presumed typing an entry in the civil registries. The mistakes are b.Non-fungible(incapable of substitution
dead for purpose of remarriage of the harmless such as error in spelling visible to the eyes or 8.Nature of definiteness
spouse present obvious to understanding and can be corrected or a.Generic(group or class)
Xtraordinary or qualified absence: including those for change only by reference to other existing records. b.Specific(single)
opening of succession 9.Whether the subject of the court or free
1. (8)After a period of 4 yrs the person shall Entries cannot be change or corrected under RA 9048: a.custody of the court(seized by court)
be presumed dead (N-A-S-S) b. free by court
2. For purpose of remarriage of the spouse 1.Sex TN. The importance of classifying whether the prop is
present, a period of 2 yrs shall be 2.Age immo and mova is coz of the law that governs them
sufficient 3.Nationaity differently.
4.Status
(8)The ff shall be presumed dead under Note: Substantual alteration may be allowed in A. IMMOVABLE PROPERTY
Extraordinary or qualified absence after a adversarial proceeding on which all interested parties See Art. 415 for enumeration
period of 4 yrs: are impleaded and due process is properly observed #1. Where the building is to be sold movable na coz
1. The person on board a vessel lost during sea (Braza Case). the subject of contract is the material.
voyage or an airplane which is missing; a period
is counted from loss of the vessel or airplane R.A. 9048 amend Article 36 and 412 Civil Code #2. When it is uprooted to the land it became a
2. AFP taking part in a war -insofar as clerical and typographical errors are movable prop, except uprooted timber, if the land is
3. Person danger of death under other involve. The Corrections or change of such matters can timber land.
circumstances and his existence has not been now be made through administrative proceedings and
known. without the need for judicial order. In effect RA 9048 #4 requisites is that the object must be an ornament
removed the ambit of Rule 108 of Rules of Court the or object to be used and the property must be placed
TN. If the absentee appears, or without correction of such errors. by the owner of the land or property, they make act
appearing his existence is proved, he shall thru agent or guardian.
recover his property in the condition in which it
may be found and the price of any prop that #5Machinery and receptacles requisites to be
may have been alienated or the prop acquired PROPERTY considered immo:
therein but cannot claim either fruits or rents. Define (Tolentino) i. It must be place by the owner of the
A mass of thing or objects tenement or his agent (not lessee)
XVII. CIVIL RESGISTRAR (Art. 409-413) Useful to human activity and wc are necessary ii. The industry or works must be
What are the acts, events, and judicial decrees to life, for wc reason they may in one way or another carried on a building or a piece of
concerning civil status of persons wc shall be recorded be organized and distributed, but always for the use of land
in the civil register? man. iii. The machinery etc must directly
1. Births tend to meet the needs of the said
2. Marriages I. CHARACTERISTICS OF PROPERTY: industry or works
3. Death 1. Utility 4 satisfaction of moral and economic wants; iv. The machinery must be essential
4. LS 2. Susceptibility of appropriation subject to rules: and principal element of the industry
5. Annulment of M a. Res communes (belonging to everyone) such as or works without it wc would not
6. Judgement declaring M void from the begginging sunlight, air, and ocean, are not capable of function.
7Legitimation appropriation though acquired limited like electricity, #6Animal houses requites:
8. Adoptions oxygen etc. a. Plced by the owner with the intention of
9. Acknowledgement of natural children b. Res nullius (belonging to no one) wc may have no permanent attachment
10. Naturalization owner coz it has not yet have been appropriated like b. Forms as permanent attachment
11. Loss wild animals, hidden treasures, or not lost or #9Vessels are personal prop, athough they partake the
12. Recovery of citizenship abandoned by the owner. It constitutes property as nature of real property
13. Civil Interdiction long as its susceptible to of being possessed for the
14. Judicial determination of filiation use of man. B.MOVABLE PROPERTY
15. Voluntary emancipation of a minor c. Things not considered property when they are not Personal or Movable Property
16. Changes of name (Art. 408) susceptible of appropriation coz of physical See Article 416
impossibility such as human body while alive. But #1. Is “test by exclusion” more superior to below
Duty of the Clerk of Court in case if issuance above to body parts can b subject of contract such as contract #4. Is “test by description”.
ascertain whether the decree has been registered and of modelling, donation of blood etc.
if not to send a copy of a decree to the said civil -Consumable is that cannot be used without being
registry where the court resides (art. 409) 3. Individuality or substantivity-Exist to itself not just consumed while non-consumable are those any kind
part. of movable property.
-The above is considered public document and shall be -Fungible prop are those replaceable by an equal
prima facie evidence of facts II. CLASSIFICATION quality and quantity. Non fungible are those not
1. As to mobility: irreplaceable.
a.movable or personal prop
 6
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
cause of 2. 10 years-if rem) against 3rd person person (the debtor)
#5Case: The prop became Immo coz upon the action arises base on implied giving rise to personal
expiration of lease the machines automatically goes to from the date or constructive action (action in
lessor. The lessee being considered as agent by lessor. the actual trust personam) against such
But if there is a contract that a upon payment pa nga entry on the 3.Imprescriptible- person.
maging iya..Movable na coz not agent na si Lessee. land. when the
plaintiff is in the
C.PROPERTY IN RELATION TO PERSON TO WHOM IT In unlawful possession of the B. MODES OF ACQUIRING OWNERSHIP
BELONGS: detainer, the property. -Mode is the process of acquisition or transfer of
-Public or Private Dominion same arises
ownership over a thing in question.
from the date
3 kinds pf public property: the last
1.For public use-roads and canals demand to Title-juridical justification for the acquisition or a
2. For public service-natl goverrment building vacate. transfer of ownership or other real right.
3.For the devt of national wealth-natural resources Original Derivative

Properties of private ownership: Forcible entry vs. unlawful detainer

1.Owned by state and its political subdivision F.E U.D. Modes of acquiring ownership (P-O-D-T-I-L)
2. Belonging to private person Proving prior physical appearance
The plaintiff must prove Need not Modes of Acquiring Titles of Acquiring
III. OWNERSHIP that he has the prior Ownership Ownership
physical position of the Occupation Condition on being
Define: premises until he was without known owner
Independent and general right of person to deprived thereof by the Works wc includes Creation, discovery or
control thing particularly in his possession, enjoyment defendant. intellectual creation invention
or dispossession and recovery without no restriction When the possession became unlawful Derivative Modes
except impose by the state or private person, without From the beginning by The possession of Law Existence of required
prejudiced to the provision of the defendant as he defendant is lawful but it condition
acquire thereof by force, becames illegal by reason Tradition Contract of the parties
A.RIGHTS IN GENERAL intimidation, threat and of the termination of his
The rights of owner are: Donation Contract of the parties
strategy. right to the possession of Prescription Possession in the
1.Jus possidendi-the right to possess the property under his
2.Jus utendi-the right to use and enjoy, right to concept of owner
contract with the
exclude other person from enjoyment thereof and plaintiff.
disposal of the thing C. LIMITATIONS ON OWNERSHIP
As to requisites of previous demand 1. Given by the State
3. Jus fruendi-the right t enjoy fruitd
Need not Make a demand first 2. Given by the owner himself
4.Jus accessiones-the right to accessory
Counting of 1 year prescriptive period 3. Given by the person who gave the thing to its
5. Jus abutendi-the right to abuse or consume
6. Jus disponendi-the right to dipose From the date of actual From the date of last present owner
7.Jus Vindincandi-right of action against the holder entry of the land demand or last letter of
and possessor of the thing demand. General limitations (P-I-T)
Replevin-Actions for recovery of possession of -Police power, power of imminent domain and power
The Action to recover possession or ownership of real movable property. Governed by Rule 60 of the Rules of taxation
property: of Court.
1. Accio interdictal Imminent Domain-State has the right to acquire
2. Accion publiciana amd Requisites for recovery of property:
private ownership for public use upon payment of just
3. Accion reinvidicatoria 1. The identity of the property. (The
compensation.
description should be definite that an
The distinction are the ff: officer of the court has to go to locality
Power of Taxation-Limit on ownership property by
and locate it.
non payment of tax there is a danger that the property
Accion Accion Accion 2. The strength of plaintiffs title.
may be seized or confiscated.
Interdictal Publiciana Reinvidicatoria
If the claim of petitioner and defendant are weak the
As to nature Police Power Limit on ownership-private prop is
defendant has the better title who has possession of
Summary Ordinary Civil An Action to impaired or destroyed in the interest of public
the property.
Action Proceeding to recover real welfare. As such] no compensation shall be taken.
To recover recover the property based
Distinction between real and personal rights
physical or better right of on ownership. Specific Limitation on Ownership (M-S-L-E-N-N-S)
Real Rights Personal Rights Imposed on law
material possession of The object is the
possession of property and is recovery of As to the no. of persons who take part in the legal Nuisance
property resorted to dominion over action State of Necessity
when the the property as Definite Active Subject Definite active subject Easement voluntarily imposed by owner
dispossession owner. who has the right against (creditor) and definite Servitudes
has lasted for all persons generally as passive subject(debtor) Mortgage imposed by Contract
more than 1 indefinite passive subject
year. De jure As to the subject matter Extent of an owner to make use of a thing-use it as not
of realty and Generally a corporeal Incorporeal thing injure the rights of 3rd person.
not possession thing
de facto. Cause of their Creation Doctrines:
Court who has jurisdiction Created by their mode Mere title 1. SELF-HELP- owner or lawful possessor of a
MTC RTC RTC and title thing has the right to exclude any person
Time of action to be brought Mode of extinction from the enjoyment and disposal of
Within 1 year Within the Presriptive Loss or extinction of Personal Rights survive property by use of force necessary to repel
from the time period of 10 period: the thing the subject matter or prevent any unlawful physical invasion
the cause of years from the 1.4 years-if based Nature of the action arising from the juridical or usurpation of property.
action arises time the cause on fraud from relation Requisites:
of action the issuance of Against the whole Binding and a.. The use of force as may be reasonably as
In forcible arises. cert of title over world, giving rise to enforceable only necessary
entry, the the property real actions (actions I against particular
 7
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
c. Owner or lawful possessor who will 4. In the contract of Anti-chresis-the anti indemnity and b.Be indemnified b.collect value
exercise the power chretic creditors acquies the fruits of the damages to BPS; for damages. of materials,
d. No delay in ones exercise immovable applies to the interest, if owing b.Subsidiarily primarily from
liable owner of BPS
e. Actual or threatened physical invasion or then to the principal of the loan.
materials (Art c.subsidiarily
usurpation. 454, 447, 455). from LO (art.447
2. Incomplete privilege or state of necessity- B.RIGHTS OF ACCESSION WITH RESPECT TO and 455).
the owner of a thing has no right to IMMOVABLE BF BF GF
prohibit the interference of another, if the a.Acquire a. Right or a.Collect value
interference is necessary to avert an Accession Industrial (Building,Planting, Sowing) improvements retention for of materials
imminent danger greater than the damage Basic Principle: after indemnity to necessary primarily from
to the owner. It is an exception to the 1. The owner of the land must belong the BSP;or expenses; BPS;subsidiarily
b.sell to BP b.Pay value of from L;
genera l rule above. accession also, the accessory follows the
except; f the value materials and pay b.collect
Requisites: principal. is considerably him damages. damages;
a. interference wc is necessary to avert an 2. The union and incorporation, with certain more; (Art.546 447). c.If BSP acquires
imminent danger exception be effected that there is no c.Rent to S (Art improvements
b. Damage greater than the damage to the injury if the principal and accessory result 453, 448, 546, remove
property. in substantial injury. 548,455). materials in any
TN. Must be lawful and carefully applied as per 3. GF may be held responsible but not d.Subsidiarily event.
liable to the
law provided, otherwise the owner use force. penalized owner of
4. No unjust enrichment materials.
D.RIGHT TO HIDDEN TREASURE 5. BF both-considered both GF. GF BF GF
Define-any hidden or unknown deposit of money, a.Acquire a.Recover a.Collect
jewellery or other precious objects, the lawful Rights of landowner, builder, planter and sower and improvements necessary expenses value of
ownership wc does not appear. the owner of the materials in case of accession with after indemnity (Art.452)
materials and
respect to immovable: and collect b.Lose
damages;or improvements w/o
damages from
To whom it belongs: Landowner(LO) Builder, Planter Owner of the BP And S and
b.Sell to BP and right of retention
1.Owner of the land, building or property which it is (3rd) and Sower Materials subsidiarily
rent to S and from LO(Art.449)
found;or (B,S,P) (OM) collect unless LO sells the LO;
2. If the discovery is made on the property of another (2nd) (1st) damages;or land. b.Remove
by chance-or state or its subdivision-1/2 therof to the Good Faith Good Faith Good Faith c.Demolish or materials in
finder. If he is a trespasser he cannot get such. a. Acquire a. Right of a.Collect value restore and
any event if
3. May the State acquire the hidden treasure in full- improvements Retention for of materials collect damages;
d. Pay necessary BPS acquires
yes, if such find to be interest of science or artstistic and pay to B, P, S necessary and primarily from
indemnity, OR useful expense; B, P, S expesnses to BPS improvement
value by giving a consideration thereo in exchange. e.Subsidiarily s.
subsidiarily
b . Sell land to B b. Pay value of from landowner liable to the
IV. ACCESSION or P except if the materials to the if BSP is owner of
Define right of the owner to the everything wc is: value of the land owner of materials. insolvent. materials. (Art
1. Produce thereby is considerable B .Remove only 449, 450, 451).
2. Incorporated or attached- more if without injury. BF GF BF
a. Natural Accession a. Acquire a.Indemnify for a. No
c. Rent pay to S improvements damages indemnity
b. artificial Accession-improvement
b.remove
include. d. Subsidiarily
and pay b.Lose
improvement in
A. RIGHT OF ACCESSION WITH RESPECT TO WHAT IS liable to owner of indemnity and any
materials
PRODUCE THEREBY: (Accession Discreta) materials. damages to events(art.454,444 without right
-means the owner belongs the ownership of his fruits GF GF F BPS(Art.454,44 7) to indemnity.
produced by property. a.Acquire a. right of a.lose them 7)
improvements retention that without right to
and pay indemnity necessarily and indemnify -Imrovements made by usufructury-belong to him and
to BSP;or useful expenses; may therefore be registered, not independently but in
Kinds of Fruits:
b.Sell to BP except b.Keep building,
1. Natural Fruits- spontaneous product of the soil, the if the value of planting or sowing
the registration proceedings of the land held in
young and other products of animals. land is w/o indemnity to usufruct. Usufruct gives him the right to enjoy the
2. Industrial Fruits-produced by the lands of any considerably owner of materias prop without the obligation of preserving itd form and
cultivation. more, force and collect substance.
3. Civil Fruits-rents of building, price of lease, or lands leased; damages.
and the amount of perpetual lif annuities or other c.Without Q. Using lumber belonging to C, B const. a house on
subsidiarily
similar income. land belonging to A. He was aware that the lumber
liability for cost of
material. belonged to C and the land to A. Both A and C were
To be considered as natural or industrial fruits it is GF BF BF abroad at the time of const. 2 yrs later, the 2 returned
necessary that they are manifest or born. But with a.Acquire a. Recover a.Recover value the Philippines. Subsequently, A commenced an action
respect of animal it is sufficient that they are in the improvement necessary from BPS (as if against B. C Intervene. What are the rights and the
womb, although unborn. w/o paying expenses for both acted in obligations of the parties. (TN of the format of
indemnity and preservation.(Art GF). Answering):
Expenses in production, gathering and preservation of collect damages; 452 and 453). b.If BSP acquires
b.demolition or b.Lose of improvements,
the fruits. He who receives the fruits has the Since A is in GF and B is in BF, the provisions of Art 449
restoration and improvements w/o remove
obligation to pay the expenses made by a third person collect damages right to indemnify materials if w/o
to 452 shall be applied.(The Law that pertains to the
in their production, gathering and preservation. or from LO. (Art 449) injury(Art447). owner). A is the OL; B the BSP; C-OM
c.sell to BP or unless the LO sells c. No action
Who owns the fruits: GR the owner of the thing owns rent to S and the land. against LO. A, therefore may availed himself
its natural, industrial and civil fruits. The exception is collect damages; remedies:a1.Appropriate the bldg. plus
the ff: d.pay necessary damages;2.demand the removal of the bldg at the
expenses to B PS.
1. Possessor in GF of the land. (He owns the expense of the builder plus damages;3.compel B to
(Art. 449, 450,
fruits already received). 451). buy the land plus damages.
2. The Usufruct, the usufructury is entitled to BF
all natural, industrial and civil fruits, of the Same as though they acted in GF If A chooses the 1st option, C who is in GF can proceed
property. against B for the value of his lumber plus damages. If
BF GF GF
3. Lessess gets the fruits of the land, but the a.Acquire a.Remove a.Remove
the latter cannot pay by reason of insolvencly, he can
owner gets the civil fruits in form of rental improvements improvements in materials if w/o proceed against A for the value of the umber but not
after paying any event; injury; for damages(art445.
 8
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
If A chosses the second option, C in GF can proceed 2. I proportion to what is occupied by new principal, in wc case the owner of
against B for the value of the lumber plus damages. If course to the area lost accessory may demand separation even
the latter cannot pay he has no further remedy. A 3. However the other owner of adjoining damage result;or separate it if there can
cannot be held subsidiarily liable(Art455). land may pay the same by paying the value be no injury.
thereof in proportion mn
If the 3rd remedy C can proceed to B for the value of 4. If it opens a new bed through a private 2. BF owner of principal;accessory may
the lumber plus damages. A cannot be held estate, his bed shall become public a. Recover the value plus damages;and
subsidiarily liable. domain b. Demand separ, even though it may
destroy the principal thing plus
Accession Natural Restriction under PD 1067. The Water Code of the damage;
1. Avulsion(Art459) Philippines: BF owner of accessory
2. Alluvion(Art457) a. losses the accessory
3. Change of course of rivers(Art 461-462) 1. When the river or stream suddenly change b. liable for damage (Art 466-471)
4. And formation of Island(Art 44-465) its course and traverse private land;
2. Owner affected may not compel the Govt TN when other is BF. There always recovery of
Accretion-process whereby the soil is deposited along from restoring it former bed; Damages.
banks of rivers. 3. Nor entitled to compensation for damage
sustained; Separ is allowed when:
Alluvion-soil deposited or added to the land adjoining 4. The Former owner shall be the owners of 1. No injury
the banks of rivers and gradually receive as an effect the abandoned bed in proportion to d area 2.Accessory more precious than principal
of the current of the waters. lost 3.Principal in BF
5. But the owners affected lands may
Requisites o Alluvion: undertake to return the river or stream to Mixture
1.Deposit must be gradual its old bed at their expense; provided the -Union of materials where respective identity of the
2. Cause is the current of river and not due to work permit is secured by the DPWH, Dept of components elements are lost.
expressly designed Transportation and Communication within
3.Current is of that river 2 yrs from the change of the course of the Kinds:
4.River continue to exist. If rivers diasapper art.457 river bed. 1.Comixtion-mixture of solid
shall apply. 2.Confusion-mixture of liquid
5.The increase must be accompany by little. Formation of Island
Who owns it depends: Rules
While the land became automatically owned by the 1. If formed on the sea; 1. Both GF:
owner of the property, the said became not a. Within territorial jurisdiction of the a. Govern by their stipulation; or
automatically registed and subject to ownership of 3rd Philippines-THE STATE b. In proportion
person through prescription. b. Outside Phil territory-the 1st country 2. BF either:
to effectively occupy the same; a. Loses right to materials
Avulsion-the current of the river, crook or torrent In Accordance with the PIL for b. Liable to damages
dergrates from an estate on its bank a known portion discovery and occupation are
of land and transfer it to another estate , the owner of considered definite modes of Specification
the segregated estate retains the portion of land acquiring territory -Transformation of another material by the application
provided he removes the same for the period of 2 yrs. 2. If formed on lakes, navigable or floatable of labor. The materials become a different kind. Labor
rivers the-THE STATE is the principal.
Requisites of Avulsion: 3. If non-navigable or non-floatable
1.Segragation may be caused by the current of the a.If nearer in margin to one bank, owner Rules:
river, creeks and torrents of nearer margin is the sole owner (Art. 1. Owners of the principal (worker) in GF
2.The segregation and transfer must be sudden 465) a. Acquires the new thing
3.The portion of land must be identified. b. If equal distant the island shall be b. Indemnify the owners of the
divided longitudinally in halves each materials (art 479)
Alluvion vs. Avulsion riparian owner getting half. Note: The exception is if materials is more
Al Av valuable, the owner of the material has
Gradual deposit Sudden deposit b.____ ____ ________ the option:
Soil not identified Identified (Land)A B i. To appropriate the new thing
Own by the land wc it Ownership retains to himself, after indemnifying
attaches for the labor; or
ii. To demand indemnity for
TN. Must remove it not merely claim. material (art 479)
C.ARTFICIAL ACCESSION 2. Owner of the principal (worker) BF, the
B. 3 types of accession with respect to movable owner of the material has the option to:
It is a process of avulsion in in which the owner of the 1. Adjuction a. Acquire the result without
land retains its ownerhip wherever the land it attaches 2. Mixture indemnity;and
as the Civil Code defines it. 3. Specification b. To demand indemnify for the
material plus damage; (Art 479,
Here, B must remove the subject property inorder for Adjuction par3)
him to retain it ownership. -two movable thing belonging to diff owners are 3. Owner the material in BF:
united that they for a single unit. a. He loses the material; and
Change of course of river: Requisites: b. Liable for damages (Art.473)
Requisites: for change of river bed 1. 2 thing belong to diff owner Distinction bet adjunctions, mixture, specifications
1. The change must be sudden 2. They form a single unit wc separation will Adjunction Mixture Specification
2. More or less permanent cause injury Involves at Involve at least May involve
3. Natural one least 2 things 2 things one thing or
4. Definite abandonment by the government (more) but
5. The river must continue to exist. A + B = A B form is change.
Accessory Co-ownership Accessory
Rules in the change of course of the river bed follows the results follows
1. The river bed abandoned cause by natural Rules: Entitlement of above principal principal
change of waters-ipso facto belong to the 1. GF each Things joined Things mixed or The new object
owner of the land occupied by the new Accessory follows the principal, unless retain their confused may retains or
river bed accessory is much more precious than the nature either retain or preserves the
 9
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
lose their nature of the instrument.
respective original object. GR: No other co-owner shall be oblige to remain the
natures C. PRESCRIPTION/NON PRESCRIPTION OF ACTION co-ownership.
If the plaintiff is in possession, quieting title is Exception:
Test for the determination of the principal(inorder) imprescriptible. He can wait until his possession is 1. Prohibited by agreement (period not
1. That wc has been reunited as ornament attacked then take steps to vindicate. If not in exceeding 10 yrs). Art 494.
2. That wc of greater value possession- the action prescribes in 10 yrs for ordinary 2. Prohibited by donor or testator (period not
3. That wc of greater volume and 30 yrs for extraordinary. exceeding 20 yrs where the prop come.
4. That wc of greater merits from combine 3. would render the property unserviceable
utility and volume. VI. CO-OWNERSHIP 4. Case of conjugal partnership
-Where an undivided thing or right belongs to 2 or 5. Party walls prohibited by law
The commixtion of animal cattles and the doctrine more persons (Art.484).
that the mother is owner of the offspring has no Co-owner have a right to compel the other co-owners
application coz What applies is rule that the BF owner A.CHARARCTERISTIC to contribute to the expenses and taxes:
of cattle who mix his cattle will lose all his cattle and 1. More than one subject or owner -renouncing so much of undivided interest
liable for damages. 2. 1 physical whole divided into IDEAL shares asmay be equivalent to his share of the
3. Each IDEAL share is definite in amount, but not expenses and taxes. Except prejudicial to the co-
V. QUIETING OF TITLE TO OR INTEREST IN AND physically segregated from the rest. ownership. Renunciation must be expressly
REMOVAL OR PREVETION OF CLOUD OVER THE TITLE 4. Each co-owner must represent each other in made.
TO OR INTEREST IN REAL PROPERTY. common use, enjoyment, or preservation of the
physical whole; Co-owners may exercise redemption in case of sale of
A. REQUIREMENT 5. Ideal share, each co-owner holds almost absolute other co-owner of his share to 3rd person.
A semblance of title, either legal or equitle control over the same; Effect of redemption: not vest the sole ownership of
Or a claim or a right in real property appearing in legal 6. Not a juridical person. property.
form wc is in fact invalid or unenforceable. 7. Co-owner trustee for other co-owners
Alteration:
Classes of Action in quieting of title: B.SOURCES OF CO-OWNERSHIP 1. More or less permanent
1. Remedial-action may be brought to 1.Contract 2. Change the use of thing
remove a cloud or quiet title to real prop 2.Chance 3. Wc prejudice the thing or enjoyment
or interest therein; 3. Law
2. Preventive-action to prevent future cloud 4.Occupation Ex:May R convert the land to a memorial park without
in the title or real property to interest 5.Succession the knowledge and consent of S and T. R, S and T are
therein 6.Testamentary disposition or donation inter vivos co-owners. S and T are in Spain.

Requisites for the existence of clouds: C.RIGHT OF CO-OWNERSHIP R BF coz he does it as if were sole owners. R should
1. Instrument or record or claim of 1. USE the thing in common: lose what he has spent, oblige to demolished the
encumbrance; a. Purpose it was intended improvement done. But whatever benefit the co-
2. Inst valid or effective; Interest of other not prejudice ownership derives shall belong toit.
3. Inst is in truth and in fact invalid, c. not prevented from using
ineffective, voidable or unenforceable or 2. Share in the benefit in proportion of their shares D.TERMINATION/EXTINGUISMENT:
extinguishe or barred by prescription 3.Prescription by one co-owner benefit all Co-ownership extinguished:
4. The inst may be prejudicial to title (Art 4.Reapirs and taxes paid each other 1. Judicial Partition
476) 5.Alteration made without consent can be opposed 2. Xtrajudicial partition
Tax declaration not conclusive evidence of ownership. 6.Oppose to prejudicial decision of majority 3. Prescription, one co-owner acquired the
It indicates possession in the concept of owner. 7.Legal redemption: exercise within 30 days from whole prop by adverse position against all
written notice of sale of undivided share of co-owner other;and repudiationg unequivocally the
B. DISTINCTION BETWEEN QUIETING TITLE AND to a stranger ownership of other
REMOVING OR PREVENTING A CLOUD 8.Defend each co-owners in the court 4. Stranger acquire the prop by prescription
9.Demand partition at any time 5. Merger in one co-owner
Quieting of title Removing of Preventing a 6. Loss or destruction
cloud cloud Right of each co –owner to his share: 7. Expropriation(indemnity distributed )
As to purpose 1. Use in the thing in common
Put an end to Cancellation, Remove Limit: VII-POSSESSION
vexatious delivery and possible a. Purpose intended A. CHARACTERISTICS
litigation release of foundation for b. not prejudiced other co-owner Possession-holding of a thing or enjoyment of a right
instrument or future hostile 2. Share in the benefits and proportion of
encumbrance claim their interest -A person may be declared owner but not entitled to
which claim in 3. Prescription by one co-owner benefits all possession
plaintiffs title 4. Repairs and taxes: Compel other to share
As to Nature of Action in the preservation even if incurred -Possession is a fact, but from the moment it exist it
Remedial, Preventive in Preventive in without prior notice became a right.
involve present nature, wc nature wc 5. Alteration oppose without consent
claim remove the prevent future 6. Protect prejudicial decisions of majority -RIGHT TO POSSESSION AND RIGHT OF POSSESSION
cloud cloud 7. Legal redemption: exercise within 30 days -right or incident of -Right independent of
from written notice of sale of undivided ownership ownership
As to Nature of Claim
share of another co-owner to a stranger -I own the house -I am renting a house
Plaintiff asserts Plaintiff
8. defend co-owners in the court therefore I am entitled of from C. Therefore I have
own claim, declares own
9. DEMAND PARTITION AT ANY TIME possession the right of possession
declares claim and title,
though Im a lessee.
defendant pointing defect
RIGHTS OF CO-OWNER TO HIS IDEAL SHARE:
claim and prays for
1. Full ownership on his part and of his share -Possession not incate ownership.
unfounded. the declaration
of the fruits and benefits Requisites of possession:
of invalidity.
2. Substitute another person in enjoyment, 1. Hod or control a right or a thing
Filed against Whom
except personal rights are involve 2. Deliberate intention to possess
Filed against Filed against
3. Alienate, dispose or encumber 3. By virtue of ones right
pp who have defendant
4. Renounce part of his interest, to
claims who asserts
reimburse necessary expenses incurred by TN Degrees of possession:
claim based
another co-owner
on an invalid
 10
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
1. Without title, in violation of the right of 1. Present/actual possessor shall be 2.Charged to possessor 2.Charge to owner
true owner; preferred 3. Prorated 3. To owner
2. With juridical title, but not in the concept 2. If there are 2 possessor-longer one Improvements no longer existing
of the owner; 3. Dates of possession are the same-the one No reimbursement No reimbursement
3. With just title, sufficient to transfer with title Liability for accidental loss or deterioration
ownership but not from the true owner; 4. If same above-through judicial Only if acting with Liable in every case
4. With just title from the true owner; determination, the thing place in deposit. fraudulent intent or
negligence, after
Classes of possession: C. EFFECT OF POSSESSION summons
1. Possession in ones name or possession of other Possessor in GF-one who is not aware that there exist Improvements due to time or nature
name in his title or mode of acquisition any flaw that To owner or lawful To owner or lawful
2. Possession in the concept of owner/holder invalidates it possessor possessor
3. Possession in GF or BF. Requisites:
1. Ostensible title or mode of acquisition
A Squatter is BF , sought to be evicted by B the land
Instances when possession in the name of another 2. Vice or defect in title
owner. A seeks the reimbursement of the latter for
may exist: 3. Possessor ignorant of such and honest
the improvements, therefore the ff:
1. Voluntary- agent possess for the principal believe that it belongs to him.
1. Necessary Expenses-A can demand it wc
by agreement; -Excusable ignorance are valid but inexcusable
he had incurred for the preservation of the
2. Necessary or Legal- by virtue of ignorance not.
land without any right of retention;
law/possession in favour of incapacitated
2. Useful improvement-not entitle but liable
persons; Right to pending fruits
for damages;
3. Unauthorized-principals possession only A possessor in GF is entitled to the fruits received b4
3. Ornamental improvements-A is not
there has been ratification interrupted. Natural and industrial fruits receive from
entitled to indemnity unless the lawful
the time they are gathered or severed. Civil fruits
owner or possessor of the land prefers
Presumptions regarding possession: accrues daily and belongs to person in GF.
retains by paying the value of such. A is
1. In GF
entitled to remove provided that such
2. Enjoyment Continue until contrary proven Pending fruits?
removal shall not result in injury to the
3. Art541. Possession of hereditary property -If at the time GF ceases, the natural or industrial
principal thing.
is deemed transmitted to the heir without fruits, the possessor shall have the right to a part of
Shall reimburse not only the fruits wc he had received
interruption, and from the moment of the expense of cultivation and be part of harvest.
but also those wc the true owner could have received
death of decedent, in case accepted. If
with the exercise of due diligence, after deducting
renounces deemed never have been Right to be reimbursed
expenses wc might have incurred in their production,
possessed Possessor in GF entitled to reimbursement of the
gathering and harvesting.
4. Possessor in the concept of the owner has necessary and useful expenses. But not entitled to for
his favour the legal presumption that he expenses of pure luxury and entitled to
D. LOSS OR UNLAWFUL DEPRIVATION OF
possess with just title and not obliged to reimbursement if no injury results.
MOVABLE
present or prove it
5. Present possessor presume to be the Possessor in BF
Doctrine of Irrevindicability- Possession in GF of a
previous possessor -aware of the defects of his own title. Only personal
movable is presumed ownership. Equivalent to title.
6. Possession of real property presume that knowledge. Possession in GF ceases from the moment
NO further proof is necessary.
of the movable therein a defect in his title is made known.
Requisites for the applicability of the doctrine of
B. ACQUISITION OF POSSESSION
Irrevindicability:
Poss in GF Poss in BF 1. Possession in GF
How acquired? Fruits gathered 2. Possessors are in the concept of an owner
1. Material occupation of the t hing or To Possessor To Owner (Art559).
exercise of a right Cultivation Expenses of gathered Fruits Exception:
2. Fact that is the subject of the will Not reimbursed to Reimbursed to possessor 1. Where the owner or possessor lost a
3. Proper act and legal formalities(Art531) possessor movable;
Fruits pending and charges 2. Possessor has been lawfully deprived of
Whom? Prorated according to To owner movable (Art.559).
1. Personally or by same person time
2. Authorized person or his legal
Production expenses of pending fruits Ownership of the thing sold shall not passed to the
representative or agent
Pro-rata to possessor in No indmenity buyer until full payment of the purchase price only if
3. Unauthorized person
money, or by allowing there is a stipulation to that effect but absent the
full cultivation and stipulation above noted. Delivery of the thing sold
Modes wc possession cannot be acquired:
gathering of fruits effectively transfer ownership to the buyer who can,
1. Force or Intimidation as long as there is a
Necessary Expenses in turn, transfer it to another.
person object
2. Secret,clandestine possession Reimbursre to possessor, Reimburse to possessor,
retention no retention Period to Recover:
Useful Expenses 1. The ownership of movables prescribed
What maybe possessed?
Reimburse to possessor No reimbursement through uninterrupted possession for 4 yrs
1. Only those susceptible of
(owners option) initial in GF;
appropriation.Except:
cost plus value may 2. Ownership of personal property prescribes
a. Property of public dominion
remove if no through uninterrupted possessions for 8
b. Res Communes
reimbursement and no yrs., without need of any other condition.
c. Easement (discontinous)
damage if caused to the (BF).
2. Res Nullius (abandoned prop or ownerless)
principal by the removal Note: Movables possessed through crime can never
may be possessed but cannot be acquires
Ornamental Expenses be acquired through prescription by the offender.
through prescription. Since, it presupposes
Reimbursement at Owners option, removal Art1132.
prior ownership. But may be acquired by
occupation. owners option removal if or value at time of
no injury or cost without recovery Finder of Lost Movable
removal Effect if a lost movable is found:
No two different personalities recognized in
1. Finds a movable, w/c is not treasured,
possession only one. Taxes and Charges
must returned to its previous possessor. If
(1. On capital, 2.on fruits, and 3. Charges)
unknown, the finder shall immediately
TN Criteria in case of dispute: Taxes and Charges Taxes and Charges
deposit it with the mayor of the city or
1.Charged to owner 1.Charged to owner
municipality where he found it;
 11
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
2. Publicly announced by the mayor for 2 1. Executed by stealth and without c. Mixed-acquired by prescription like when believing
consecutive weeks in the way he deem knowledge of the possessor himself to be the owner of the prop of an absentee,
best; 2. Merely tolerated either by the possessor gave in his will the usufruct of the prop for the
3. If movables cannot be kept without or by his representative requisites period to his wife, who possessed it in GF as
deterioration sold at public auction 8 days 3. Violence usufructury and naked ownership to his brother.
after the publication; 4. Temporary ignorance of the whereabouts
4. If 6 months lapse without owner appear, of movable property. 3. Total or partial
shall be awarded to the finder. The finder 4. Universal or singular
and owner shall be obliged to reimburse 5. Simple (one usufructury) or multiple
expenses. (Art719) (several usufructury).
5. Appear in time, he shall be oblige to pay as 6. Over right or Over things
a reward finder 1/10 of the sum or the 7. Normal or Abnormal
price of the thing found. (Art 720). 8. Pure or with a term
TN Recovery or non-recovery
Distinguished from the voidable title Principle: Summary of recovery and non-rcovery c.RIGHTS OF THE USUFRUCTURY
1. Owner may recover without
Effect of a voidable title-The owner cannot recover reimbursement: Rights to Fruits
when the seller has a voidable title w/c has not been a. Possession in BF; Rights of usufructury-entitled to all nat,
avoided at the time of the sale to the buyer in GF for b. (9)Possession in GF, if d owner has civil fruits of the prop usufruct. With
value and without notice of the sellers defect of title lost the property or has been hidden treasure, shall be considered
(Civil Code Art 720). lawfully deprived of it(if the stranger.
acquisition being from a private
E.POSSESSION IN THE CONCEPT OF OWNER, HOLDER, person. (TN popular question of 2 rules with respect the nature of
IN ONES OWN NAME OF ANOTHER BAR). dividends of a corporation:
The different kinds of possession are: 1. Massachussets rule-wc treats cash
1. In one’s own name-where possessor 2. Owner may recover but should reimburse; dividends as income and stock
claims the thing for himself. a. If the possessor acquired the object divideds as capital
2. In the name of another-whom the thing is in GF at public sale or auction. 2. Pennsylvania-all earnings of the corp
held by the possessor: prior to the death of the testator
a. Voluntary-as when an agent 3. Owner cannot recover, even if the offers stockholder belong the estate and
possesses for the principal by to reimburse (WON the owner had lost or that all earnings declared as
agreement; has been lawfully deprived). dividend. (We follow).
b. Necessary of Legal-exercised by a. Possessor had acquired it in GF by Products( minerals extracted from mines) wc diminish
virtue of law possession in behalf of purchase from the merchants store, capital are not to be treated as fruits since it is the
incapacitated persons, and juridical or in fairs, or markets in accordance obligation of the usufructuary to preserve the form
entities: with the Code of commerce; and substance of the prop unless the contrary is
c. Unauthorized-this will become the b. Owner is by conduct precluded from provided.
principal possession only after there denying the sellers authority to
has been a ratification of the same sell(Art1505) Rules on pending natural or industrial fruits?
without. c. Possessor had obtained the goods 1, Fruits pending at the beginning of usufruct
3. Concept of owner-is considered or because he wans an innocent a. Belong to the usufructuary
believed by the others as the owner, purchaser for value and holder of b. No necessity of refunding owner for
regardless of good or BF of the possessor: negotiable docu or title to the expenses incurred;
a. Only the possession acquired and goods.(Art 1518) c. Without prejudiced to 3rd person
enjoyed in the concept of owner can serve 2.Friuts pending at the termination of usufruct;
as a title for acquiring dominion (Art540). TN R owned a platinum ring kept in vault of B but one a. Belong to the owner
b. Presumed to possess just title (Art541). day, the ring was stolen and was found in the b.But the owner must reimburse the usufructuary for
4. In the concept of holder- merely to keep possession of C, who in GF had purchased it from ordinary cultivation expenses and f or the seeds and
or enjoy it, the ownership pertaining to passing pedler, D. Can R recover the ring without the similar expenses, from the proceeds of the fruits
another person cannot ownership by necessity of reimbursement? c. same with C above.
prescription.
Ans. Yes, since the stolen ring had been acquired In GF Usufructuary share in the hidden treasure-finder to ½
F. RIGHTS OF THE POSSESSOR at private sale and not public one. Replevin will of the treasure as stranger. If somebody is finder
1. Respected in his possession; prosper. See (9). cannot receive.
2. Restored to said possession by the legal means
should disturbed; VII.USUFRUCT Right to enjoy any increase through accession and
3. Secure from a competent court writ to restore him -right to enjoy the property of another with the servitudes
in his possession. obligation of preserving its form and substance, unless
the law provides. Right to enjoy, lease or alienate the thing(not
G. LOSS/DETERMINATION immovable siguro and those pertain to consumable
1. Possessors voluntary will and intent; A,CHARACTERISTIC thing lng para indi ka maglasa) in usufruct
a. Abandonment 1. Real right -he may lease the thing to another without the
b.Transfer and conveyance 2. Temporary in duration consent of the owner. Must not longer than the period
2. against the possessors will: 3. Constituted on real or personal property, of usufructuary.
a.Iminent domain consumable or non consumable, tangible
acquisitive prescription or non tangible, the ownership wc vested Right to Abnormal fruits
c.Recovery by the legitimate owner in another;and Compose of:
d, Judicial decree 4. Transmissible 1. Abnormal usufruct on things that
e.possession of another for more than one year- deteriorate-that shall have the right to
possession defacto. B.CLASSIFICATION make use. But if negligent hi is obliged to
3. Reason of the object: 1. As to origin: indemnify the owner.
a. Destruction or total of the things a. Legal-created by law, such as usufruct of the 2. Abnormal usufruct on consumable thing
b.Withrawal from commence parents over the parents of prop of their (quasi-usufruct) whenever the thing
c. Escaping from the possessors control of wild unemancipated children; usufruct cannot make use without using it.
animals. b.Voluntary-created by will of the parents, either by
an act of inter vivos such as donation or an act mortis Rules on quasi –usufruct:
Acts that does not constitutes loss of possession: causa such as last will;
 12
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
1. The usufructuary can use them (as if he is 2. Give bond-has retroactive effect. Except a. Value of the usufruct is not
the owner, with complete right of pledge usufructuary is the DONOR of the prop has impaired;
or alienation) reserve the usufruct, parental usufruct and b. Rights of the usufructuary are not
2. End of usufruct-he must pay the appraised (10). prejudiced
value(if appraised when 1st delivered);or
If there was no appraisal return the same When Bond required in a parental usufruct: Obligations of the owner at the expiration of the
kind, quality and quantity or pay the 1.Parents contract a second or subsequent M; usufruct:
current price at the termination of the 2.Prop of each child exceeds 5k, the parents not file as 1. Reimbursement for advances of the
usufruct (therefore not at the original usugructury but a guardian or administrator. usufructuary;
price. 2. Cancel the bond, upon discharge of the
Caucion Juratoria-sworn duty to take good care of the usufructuary obligation;
Right to make on the property in usufruct such prop and return the same at the end of the usufruct to 3. Respect leases of rural lands by the
improvement or expenses apply-Requisites: usufructuary for the balance of agricultural
Both useful and luxurious improvements. Useful wc 1. Proper court petition year
increase the value. 2. Necesity for delivery of furniture, F.EXTINCTION/TERMINATION
implements or hous included in the How is usufruct extinguished:
Usufructuary may not alter the form or substance of usufruct; 1. Prescrition
the property. 3. Approval of the court 2. Termination of the right of the person
4. Sworn promise constituting the usufruct
Usufructuary is not entitled to refund: 3. Total loss of the thing
But may: Obligations during the usufruct: 4. Death of the usufructuary, unless contrary
1. Remove the improvement if no substantial 1. Take Care of the prop as good father of intention appears
damage to the property is caused; the fam 5. Expiration of the period or fulfilment of
2. Set-off the improvements against damages 2. Answer for acts of substitute the resolutory condition
for wc he may liable. 3. Replacethereof young animals that die or 6. Renunciation of the usufructuary;or
B4 set-off can be made on the improvements: lost when the usufruct is constituted in the 7. Merger of the usufruct and ownership in
Requisites: flock or herd livestock; the same person
1. Damage caused by the usufructuary 4. Ordinary repairs
2. Improvements must have augmented the 5. Notify the owner of the xtra-ordinary Other Causes for the extinguishment:
value of the propery repairs 1. Annulment
6. Permit works and improvements by the 2. Rescission
Rules in setting-off: naked owner not prejudicial to naked 3. Mutual withdrawal
1. Damage exceeds the value of the owner 4. Legal causes ending legal usufruct, as
improvements, usufructuary is still liable 7. Pay annual taxes and charges in the fruit when attainment of the age of majority
for the difference; or 8. Pay interest on the taxes on capital paid by extinguished parental usufruct
2. The value of the improvments exceeds the the owner; Abuse or misuse of the usufruct does not extinguished
damage, the difference does not got to the 9. Pay debt when the usufruct is constituted it, unless by virtue of such abuse or misuse, the thing
usufructry, but accrues in favour of the on the whole patrimony has been totally lost.
naked owner, in the absence of the 10. Secure d naked owners court approval th
stipulation to the contrary collect the credit card Rules on usufruct on a building on a building and or
11. Notify the owner of any prejudicial act the land concerned on case of loss
Rights of the usufructuary as to the usufruct itself: committed by 3rd person 1. Usufruct on both bldg. and land but (bldg..
1. To mortgage the right of usufruct except 12. Pay court expenses and cost regarding is destroyed b4 expiration):
parental usufruct; usufruct a.Usufruct on blgd ends, nut on land
2. Cannot pledge or mortgage the thing itself continues;
coz he does not own the thing The naked owner is allowed to make any b. Usufructury still entiled to the use of
3. To alienate the usufructuary right construction or improvement of which the the land and material anh whatever house
4. To bring action to recover the property or immovable usufruct in susceptible, provided remains;
real right. that such construction does not cause a c.Naked owner wants to rebuild and
diminution in d usufruct or prejudice the right of usufrucury refuses, the usufructury
Rights of usufructuary upon the expiration of the the usufructury. It was held that the naked prevails.
usufruct: owners should pay to the usufructry a monthly 2. Usufruct on bldg.. alone (but bldg. is destroyed b4
1.To collect reimbursement from the owner: rental for the area of d land occupied by their expiration (USRY-usufructuary; USFRT-usufruct)
a. For indispensable xtra-ordinary repairs made by the bldg, the amount of wc shall be determined a. Usufruct on bldg. ends, but still can
usufructuary considering the rental value of lands in the make use of d thing or remains in the
b.For taxes on the capital advance by the usufructuary neighbourhood. house
c.For damages caused by the usufructuary b. Usry is entitled to d use of the land
2. Retain the thing until reimbursement is made Obligations after the usufruct c.bcoz der was no usft on the land, the
3. Remove improvemnts made by him, but without Obligations of the usufructuary upon the naked owner has preferential right to d
injuring the property determination of the usufruct: use.
1. Return d thing in the usufruct to d owner Note: Shall be oblige to pay d usry, during the
Rights of the usufructuary unless theres a right of retention; continuance of the usft the interest upon the sum
1. Right to make use of the land and 2. Legal interest on the amount spent by the equivalent to the value of the land and materials.
materials, when building forming part of owner for xtraordinary repairs or taxes on
the usufruct or immovable has been the capital; Rules on payment of insurance on the tenement held
destroyed in any manner (same rule if 3. Indemnify the owner for any losses due to in usufruct:
usufruct is constituted on building only). his negligence or his transferees 1. Share in premiums the owner and usry:
2. If usufructuary shares in insurance of a. Owner construct a blgd, the usfrt
tenement in usufruct, and it was lost, he E.RIGHTS OF THE OWNER continues on the enjoyment of the
shall continue in enjoyment of the new Rights of the owner during the usufruct? bldg..
one if one be constructed OR received 1. Retains title; b. If owner not new construct blgd, or
interest on the insurance indemnity. 2. Alienate the property, but may not: rebuild, the naked owner gets d
a. Alter the form or substance of the insurance indemnity but should pay
D.OBLIGATIONS OF THE USUFRUCTUARY thing d interest thereon th d usfry.
Obligation b4 d usufruct b. Anything prejudial to the 2. If the naked owner alone pays insurance
1. Make an inventory of d property. Except usufructuary and usrty refuse to share
(10)when no one will b injured, waiver by d naked owner 3. May construct buildings, make a.naked owner gets the whole indemnity
consent or stipulation in a will or a contract; improvements and plantings, provided:
 13
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
b. usufruct was on d bldg. and d land, d b. Negative servitude-counted from G. LEGAL EASEMENTS
usufruct continues on land and formal prohibition to the servient
materials;and owner to do any act oppose to the Easement Relating to waters
c.f d usufruct was on d bldg. alone, d servitude. There must be a notarized 1. Natural drainage
naked owner may rebuild, with or without document. 2. Drainage of bldg.
the approval of the usufrucy but he must 2. Deed of recogitiion 3. Riparian banks for navigation,
pay interest on d value of d land and d old 3. Final judgment floatage, fishing, salvage and
material that may have been used. 4. Apparent and established by the owner of towpath
3. If naked owner pays alone d insurance but der is the two adjoining esate unless stipulation 4. Dam
failure or omission of usufry to share, the effect is d contrary and sign is efface 5. Drawing water or for watering
same as if der was a sharing but d usufrury must 5. By title animals
reimburse d naked owner his share of the insurance 6. Aqueduct
premiums. E. RIGHTS AND OBLIGATIONS OF THE OWNERS OF 7. Stop lock or sluice gate
4. Usfy pay d premiums DOMINANT ESTATE:
a. Insurance indemnity goes to the usufructury alone, Dominant Owner (DO)-owner of the immovable in Easement of Right of Way
with no obligation to indemnift naked owner favour of wc easement is established Easement of privilege by wc one person or particular
b.Usuft continues on the land for remaining period cass of persn allowed to pass over another land,
c.Usufy has no obligation to construct a new blgd or to Rights of DO usually through particular path or line
rebuil. 1. Exercise all the rights necessary for the use
of easement Right of way refer to easemtn itself where passage can
A’s right to receive a life pension was not extinguished 2. Make servient estate all the works be done.
by d loss of the 2 blgd. Under the civil code the thing necessary for the use and preservation of
in usufruct will be extinguished of the usufruct it is the servitude,provided that: Must be at his Requisite for the easment of right of way:
essential that the thing in usufruct must be totally lost own expenses, notify the servient owner 1. Prop is surrounded by the estates of other
or destroy. Here there was no total loss. The land at convenient time and manner and not 2. There is no adequate outlet to a public
remains intact. alter the easement and cause burden. highway
3. Renounce the easement if he desire to 3. Must be payment of prop indemnity
IX.EASEMENTS exempt himself from contribution to
necessary expense 4. Established at the point least prejudicial to
A.EASEMENTS IN GENERAL 4. Ask for mandatory injunction to prevent the servient owner. Where there are
-Or servitude is an encumbrance imposed upon an impairment of his use of easement. several tenement, the way shortest and
immovable for d benefit of another immovable will cause the least damage should be
belonging to a diff owner. D immovable in favour of Obligations of the dominant owner: chosen.
wc d easements is established is called d dominant 1. Cannot alter the easement or render it
estate; that wc is subject thereto the servient estate. more burdensome 5. Isolation must not be due to the
2. Notify the servient owner of works proprietors own act
Characteristic of an easement: necessary for the use and preservation of
1. Real right but will affect 3rd person only the servitude 6. Demandable only by the owner or one
when registered; 3. Cause the least convenience to the with real right like the usfry.
2. Enjoy over another immovable, never on servient owner
ones own prop; 4. Contribute to the necessary expenses f
3. 2 neighboring estate; there are several dominant estates
TN of the case when the right of way was so big that it
4. Inseparable from d estate wc is attached
became impossible for the owner to use it. Held as
and therefore cannot be alienated; E.RIGHTS AND OBLIGATION OF SERVIENT OWNER
unlawful taking of prop.
5. Indivisible -property subject of easement for the benefit of the
6. Right limited by the needs of the dominant dominant owner.
Easement of Party Wall
estate without possession
Mass of right and obligation emanating from the
7. NOT PRESUMED Rights of servient owner:
existence and common enjoyment of wall, fence,
1. Retain ownership and possession of the
enclosure or hedges by the owners adjacent bldg. and
B.DIFFERENT KIND OF EASEMENTS serveint estate.
estates separated by such objects.
1.Real (benefit of another immovable)or personal 2. Make use of the esement , unless there is
(benefit of the community) an agreement to the contrary;
PartyWall
2. Source voluntary(agreement) and Legal(by law) and 3. To change at his expense, the place or
Common wall wc separates 2 estates, built by
mixed manner of the easement provided it be
common agreement at the dividing line such that it
1.waters equaly convenient.
occupies a portion of both estates on equal parts.
2Right of way
3Party wall Obligation of the servient owner
When is d right to increase the height of party wall:
4light and view 1. Cannot impair the use of the easement
1. At his own expense
5drainage of bdlg 2. necessary expenses in case he uses the
2. Pay the damge wc may cause
6intermediate distances easement unless theres is an agreement to the
3. Bear the cost of maintaining the portion
7Against such nuisance lateral and subjacent support contrary;
4. Pay the increase cost of preservation of
3.Continuous easement, discontinuous easemtens, 3. Cannot be used if theres an agreement
the wall.
4.Apparent easemtn and non apparent easement 4. Expiration of the term or fulfilment of the
5.Positive (owner of servien estate is oblige to allow resolutory condition;
Easement of Light and View
something done on his prop) and negatve (not allow). Waiver by the dominant owner;
Right to admit light from the neighboring estate by
4. Redemption agreed upon
virtue of the opening of a window or the making of
C.MODES OF ACQUIRING EASEMENTS BY:
certain openings. It purpose is to admit light and little
1. continuous and apparent-by title or prescription Other causes for extinguishment of easements:
air but no view.
2. discontinuous and apparent-by title 1. Expropriation of the servient estate;
3.continuous and non-apparent-by title 2. Permanent impossibility
Easement of view
4.discontinouos and non-apparent-by title 3. Annulment, rescission, or cancellation, of
Right to make opening or window, to enjoy the view
the title that constituted the easement;
through the esate of another and the power to
Compulsory easements takes place: 4. Abandonment of the servient estate
prevent all const or work wc would obstruct such view
1. Prescription of 10 yrs (continuous and 5. Resolution of the right the grantor
or make the same difficult. It necessarily includes
apparent)- 6. Registration of the servient estate as free
easement of light.
a. Positive servitude-counted from the 7. In the case of the legal easment of right of
day the exercise commences way
Measurement for direct and oblique views
 14
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
Distance of 2 meter is required for direct view while a 5. Hinders or impair the use of property. Hidden treasure with stranger discover and fruits
distance of 60 cm is required for obique/side view. falling in the adjacent land.
Shall begin the outer line of the wall. B.CLASSIFICATION
1. Old Testate and Intestate Succession
Case: xxx by prescription, he should have formally Nuisance per se-always nuisance Property, rights and obligations to the extent of the
prohibited B from obstructing his light and view Nuisance per accidens-nuisance by circumstances value of the inheritance of a person are transmitted
though a public instrument acknowledge b4 a notary 2.new through his death to another or other either by his will
public pursuant to Art 621. Refers to non-regulation Actionable or by operation of the law.
window. No window wc afford direct view towrd an Non-actionable
adjoining tenement can be made wihout leaving a Manner and relief: In consequence of certain contract and tradition
distance of 2 meters between the wall. Non Crim and civil action Ownership of other real rights they are transmitted
observance of the distance does not give rise to Civil only from the patrimony of the grantor, in wc they had
prescription. Judicially previousy existed, to that of the grantee by means of
Xtrajudicially a just title. Requisites:
Drainage of Building Public –affects community 1. The right to be transmitted should have
Right to divert or empty the rain water from ones roof Private-not public previously existed in the patrimony of the
shed to the neighoring estate either by drop by drop r grantor;
through conduits. Doctrine of attractive nuisance- is a nuisance wc is 2. Transmission should the virtue of a just
dangerous instrumentality or appliance wc is title
Legal easement of drainage be demanded: attractive to the children at play. Liable any person 3. Grantor and grantee should have the
1. No adequate outlet to the rain water owns it if they did not exercise due care to prevent it. intetntion and the necessary capacity to
because the yard or court of a house is transmit and to acquire
surrounded by other houses; C.REMEDIES: 4. Transmission should be the manifest by
2. Outlet to the water must be at the point Public nuisance some act wc may be physically,
where the egress is easiest and 1.Prosecution under RPC symboligical or legal.
establishing a conduit for drainage 2. Civil Actio
3. Payment of proper indemnity. 3. Extrajudicial Abatement A.NATURE OF DONATIONS
Private nuisance Donation
Intermediate distances and works for certain const 1.Civil Action Act of liberality whereby a person disposes
and planting:Easement are 2. Extrajudicial Abatment gratuitously of a thing or right In favour of another whi
1. Constructing and planting near fortified accept it. There is a donation when give to another a
places -Above not subject to prescription thing or right on account of the latter merit or services
2. Const on aqueduct, wells, sewer, etc., rendered by him to the donor, provided they did not
3. Planting of tress near tenement belonging Requisites that must concur in order that private a constitute demandable debt or when the gift is
to another person may summarily abate a nuisance(NUI): impose upon the done a burden wc is less than the
4. Intrusion or extension of branches and 1. Injurious the the person affected value of the thing given.
roots 2. No breach of peace b committed
5. Fruits naturally falling upon the adjacent 3. Prior demand Classification:
land 4. Prior demand has been rejected 1.Simple-pure liberalty
5. Approval by the District Health Office and 2. Renumeratory-past sevices
Rules on Falling Fruits: assistance to local police 3.Renumeratory for future services
1. Only natural fruits falling that it became 6. Value of destruction does not exceed 3K. 4Onerous-given for an obligation
yours by operation of d law, not by Viewpoint:
gathering; XI. MODES OF ACQUIRING OWNERSHIP 1.Inter vivos
2. If u cut d branches you violate Art 680, you AND OTHER REAL RIGHTS: (P-L-D-T-I-T-O) 2Mortis causa
can only demand to cut it but you cant cut 1. Prescription -original 3Delivered in the future
it. 2. Law-derivative Occasion:
3. Except if the roots grows already in your 3. Donation-deri Ordinary
land that u have the right to cut it. 4. Testate and Intestate Succession-deri Donation propter nuptias
5. Intellectual Creation-original Objects:
(11)Lateral and subjacent support 6. Tradition, in consequence of certain Real or Personal property
Art 684 and 686. Art 684 provides that no proprietor contract-deri Incorporeal Property-donation of alienable rightd
shall make such excavation upon his land to deprived 7. Occupation-original
any adjacen land or buiding in (11). Inter Vivos vs Mortis Causa
Occupation
H.VOLUNTARY EASEMENT Requisites: Effect
ESTABLISHED BY THE OWNER OF A TENEMENT OR 1. Must be a seizure of the thing Takes effect during After the death of the
PIECE OF LAND. Should not contravene the 2. Corporeal personal property lifetime of the donor donor
3. Susceptible of appropriation Formalities
Rules governing V. E: 4. Without an owner Follows formalities of Wills and Codicil
1. Created by title, the title governs. CC 5. Intention to appropriate Donation
suppletory. 6. Requisites must be complied Revocation
2. Created by prescription, the form and Cannot be revoke except Revocable at any time
manner in wc it had been acquired; Intellectual Creation the law provide by law and any reason while the
3. Created by prescription in a proper case, Author acquires intellectual property or ownership donor is still alive
the way easement has been possesd, that over the products of his intellect, power to authorize Preference
is the maner the form of possession. CC or refuse publication or production of such products.
Prefered inter vivos than
suppletory.
mortis causa
Prescription
Transfer of right or disposition
X.NUISANCE Acquiring ownership and other real rights or losing
Transfer completely to Not while the donor is
A. DEFINITION rights or actions to enforce such rights through the
the donee still alive
-Act or omission, establishment or business, condition lapse of time.
or property or anything else which: Acceptance
1. Injure or endanger the heath or safety of other Law During the lifetime of Done after death na sang
2.Annoys or offend the senses Automatically and directly vest the ownership of the donor donor
3.Shock,defies or disregard decency or morality thing in a certain individual once the prescribe
4. Obstruct or interferres with the free passage of any requisites are present and complied with. Example:
public highway or stret or any body of water. In case of doubt if such is IV or MC?

1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
The donation is MC-if it should no convey no title or
ownership to the transferee b4 death of the transferor Donor’s capacity is determine as of the time of making
and the ownership retain while alive. In addition, it donation. Subsequent incapacity of the donor does
must be made in the will not public document. not affect the validity of the donation.
Extent may a donor donate a property Qualification of a donee-not disqualified by the law.
Exception:
1. Has force heirs, he cannot give or receive Donations be made to incapacitated person:
any donation more than that he can give Yes.1. Minor but acceptance shall be made be done
or receive through their parents or legal representative.
2. F No Force Heirs, he reserve in full 2.Concieved or unborn children,
ownership in the usufruct and sufficient acceptance be made those legally
means for the support of himself and represent themselves.
relatives entitled as law provides.
TN. Cannot comprehend future property. Disqualified Donees:
1. At d time of donation guilty of adultery
Case: the donation of future valid. Not fall ang share and concubinage;
of her wife estate. TN. A future prop can be donated 2. Persons guilty of the same offense, giving
so long its existence is determining b4 the donation. consideration thereof;
What is void is when B4 donation there is no really a 3. Unworthiness
property.
In a case-the notice of acceptance was receive by
When is donation perfected? donor when he was insane the SC declared that the
-From d moment the donor knows of the acceptance donation to be valid the acceptance must be received
by the done. The acceptance must be made during the when he is not insane.
lifetime of donor and the done.
IV-acceptance take effect during the lifetime of the C.EFFECTS OF DONATION AND LIMITATION
donor and done, while MC made only after death of
donor coz ther partake of a will and thus govern by 1.When made to several donees-donees entitled to
succession. equal portion, without accretion unless provided.
2.Donee may demand delivery of the thing donated
Acceptance is indispensable coz nobody is oblidge to 3. Subrogated to all the rights and actions in case of
receive benefit against his will. Donee must accept the eviction.
donation personally or through an authorized person
with a special power for that urpose, otherwise the Donor warranty exist if:
donation shall be void. 1.Expressed
2.Donation propter nuptias wc the donor must release
Formalities observed in donations of immovable and the property from encumbrances exept servitudes
movable properties 3. Donation is onerous-thus if simple or renumerative-
1. Movables: the donor is not liable for hidden defects.
a. F donation is oral; delivery of 4.Donor in BF
property donated is required f d
value is 5k or less. Accptance ,may Rule on double donation-Double Sales shall apply. If
be oral or written. the same thing donated to diff donees, the 1st one
b. F donation s writing, delivery of prop taken possession thereof on GF if it movable property.
donated s not required regardless of
value. Acceptance may be oral or Donee shall be responsible for payment of debt of the
written. donor when made in fraud of creditors.
c. Value exceeds 5K the donation and
acceptance must be in writing. Void Donations:
Simultaneous delivery of prop 1. Refer to disqualified donees plus
donated is not required. 2. Made to public officer or his spouse,
2. Immovable: descenants and ascendants
a. Public instrument specifying the consideration of his/her office
property donated and the burden 3. Priest who heard the confession of donor
assumed by done, regardless of during last illness the same with minister
value. of gospel
b. Acceptance must be either: 4. Made to the relative of such priest, etc
In the same instrument and in whithin the 4th degree or to church to wc
another public inst, notified to the such priest belong
donor in authentic form and in both 5. Ward to guardian b4 court the approval of
deeds. the court of account
B. PERSONS WHO MAY GIVE OR RECEIVE A 6. Made to witness during the execution of
DONATION the donation
7. Made to physcician, surgeon, nurse, heath
Qualification of Donor-the capacity to contract and to officer, drugguist during the last illness of
dispose. Applies also to person living together as H the donor
and W without a valid Marriage or elicit relation. But it 8. Assoc, Corp and partnership who are
cannot give aid of any political party or candidate or prohibited by law
for purpose of partisan political party. 9. Made by spouses to each other during the
marriage/ to persons of whom the other
Guardians and trustee CANNOT alienate property to spouse is a presumptive heir.
them. Except it donation is onerous and is beneficial
to the beneficiary. D. REVOCATION AND REDUCTION OF DONATIONS
Revocation and Reduction
Trustee who have repudiated the trust and have Extent
acquired the properties by prescription are allowed to Total regardless of Partial and applies only
donate said properties. whether the legitime has when the legitime is
15
been impaired or not. impaired; thus it must be
preserve.
Benefit
Of the Donor and the Heirs of the donor,
hiers of donor
Reason for reduction or revocation
Law presumes that had the donor known he should
not made such donation or atleast made smaller one.
TN<Revocation of donation:
1. Birth, appearance or adoption of child-If
the donor after donation should have
legitimate or illegit, legitimated children
even posthumous on subsequent
marriage, turn out to be alive. TN it only
applies to donation inter vivos and not to
mortis causa, onerous donation, and
donation propter nuptias.
2. Non-fulfillment of a resolutory condition
3. Ingratitude of the done.
Rules if donor had already a child during the donation:
1. No person may give or receive more than
he may receive or give by will. Such will be
inooficious.
2. It shall be reduced, but reduction shall not
prevent the donations from taking effect
during the life of donor nor bar the done
of fruits.
Action for revocation on this ground shall prescribed
after 4 years from:
1.The birth of 1st child;
2.Legitimation,recognition or adoption
3.judicial declaration of filiation
4. the time information eceived that the child is alive
The effect of revocation-prop shall be returned to its
value if the done has sold or the donor may redeem
the mortgage on the property with a right to recover it
Art. 762.
In a case the donation was revoked by the heirs when
the resolutory condition imposed by the
establishment of hospital was not made.
When donee obliged to return the fruits-when the
donation is revoked for any causes mentioned in
Art760 or by ingratitude or reduce by inofficious
except from the filing of complaint. If based on non
compliance of condition, the done is obliged to return
the prop and fruits.
in
Donation revokes by reason of ingratitude:
1. If done commits an act of offense against
the person, honor and prop of donor, wife
or children under his parental control
2. Imputes crim offense to the donor or act
involving moral turpitude, even though he
prove it unless the crime has been
committed against done and his family.
3. Unduly refuses him support when the
done is bound to give support to the done.
B4 complaint of ingratitude and though the donation
revoke the alienation and mortgage effected subsist.
The later ones shall be void from the filing of
complaint. The donor may demand from the done the
value of prop alienated wc cannot be revocer from the
3rd person or the sum wc d same has been mortgage.
Effects of the revocation of a donation:
1. The done shall return the fruits from the
filing of the complaint for ingratitude,
inofficious and Art 760 causes.
2. Fruits thereof wc he may be receive after
having failed to fulfil the condition if based
on such noncompliance.
 16
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
support takes entitled yrs from I.DEFINITION
May the action granted to the donor by reason of during effect to perfection -where one acquires ownership and other real rights,
ingratitude be renounce in advance? No. The action lifetime of during the support of the and lose right and actions through the lapse of time in
granted to d donor by reason of ingratitude cannot be the donor. lifetime of during donation the manner and conditions laid down by the law.
renounce in advance. TN the right of action by reason donor lifetime or the
of ingratitude is not transmitted to the heirs of the subject to of the latest from A.ACQUISITIVE PRESCRIPTION
donor nor can d action be filed against the heirs of reduction donor. the time Characteristic are:
done. only upon the 1. Possession in the concept of the owner:
his death creditor OCEAN-PO, open, continuous, in the
When-action for revocation prescribe with had concept of the owner, peaceful, public and
Grounds for revocation Prescriptive period and regard to knowledge uninterrupted
transferability to file an the excess, of the 2. Vest ownership
action for Revocation donation. 3. Based on economic necessity, presumed
Birth. Appearance and Prescribed 4yrs from: Transferability of action abandonment and public policy
adoption 1.Birth of 1st child Not, as Transmitte Not, as Action 4. The possessor is the actor
2. His legitimation, duty to give d to heirs duty to Transmitte 5. Can be proven in the general issue without
recognition and and give and d to the being affirmatively pleaded.
adoption; support support creditors
3. The judicial and receive and heir or Ordinary prescription-requires possession in GF and
declaration of filiation; are receive successor with just title for the time fixed by the law. Ownership
4.Time info receive of the personal in are in interest. and other real rights over immmo are acquired by
existence of child believe nature personal ordinary possession for possession of 10 yrs.
dead. in nature
Transferability: Effect of reduction GF in prescription-means reasonable belief that the
transmitted to the As As regards As Property person whom he received the thing was the owner
children and descendants necessary the excess necessar affected thereof and could transmit the ownership.
of the donor upon his to provide at the time y to retuned to
death. support. of the provide the done Just Title- when the adverse claimant came into the
Non-fulfilment of Prescription: 4 yrs from donor’s support. for the possession of the prop through one of the modes
resolutory condition non-compliance of death. benefit of recognized by law for the acquisition of ownership or
condition. the other real rights but the grantor was not the owner or
creditor could not transmit any rights. The title for prescription
Transferability: Right of subject to must be true and valid.
action may be the rights
transmitted to the heirs of innocent Extraordinary Prescription- without need of title of
of the donor and may be 3rd person. GF or any other condition. Ownership and other real
exercise against the As to fruits rights over immo also prescribe through uninterrupted
donee’s heir. (In a case Donee as Donee is Donee is Fruits of adverse possession 30yrs without need of just title or
though 50 yrs non owner entitled to entitled the prop GF.
compliance but it was appropriate the fruits to the shall also
the heirs though filled s the fruits as the fruits as be Requisites: (Same with extinctive prescription)
action sa above of the prop owner of the returned. 1. Capacity to acquire by prescription;
prescription siguro not not the owner of In case the 2. Thing must be capable of acquisition by
applies.) affected by property the done acted prescription
Ingratitude of the Donee Prescription: 1yr from the donated. property in BF and it 3. Possession of things
the time the donor had reduction donated. should be 4. Lapse of time provided by law.
knowledge of the fact but with impossible
and it was possible for regard to for him to Prescription of movables:
him to bring the action. the excess, return the 1. 4yrs in GF through uninterrupted
Transferability: Non he shall be property possession;
transferable to the heirs liable only affected 2. 8 yrs-without any condition.
of the donor, if the latter for the due to any
did not institute the fruits cause, he Rules on computation of period:
same, although he could accruing shall 1. Present possessor may compete the
done so and even if he from the indemnify period necessary for prescription by
should die b4 the filing of the the donor tacking his possession to that his grantor
expiration of 1yr. complaint. creditor for or predecessor in interest;
damages 2. Presumption that the present possessor
************************** suffered by was also the previous possessor; unless
the latter. contrary is proven.
Reduction of Donations 3. 1st day excluded and last day included.
Grounds A died in 1984 indebted. After settlement of his estate
1. Birth, adoption and reappearance1 3 Ways which the period of possession may be
in 1986, there is still an aggregate balance of 400,000
2. Inofficious for what donor can give by will2 interrupted:
in favour of his creditors. As a consequence, his
3. Insufficient property left for donor3 1. Naturally-any cause the possession shall cease
widow, B, and his legitimate children, C and D did not
4. Inofficious when a person gives or receives for more than 1yr.
inherent anything from him. The record however,
by way of donation more than he may 2. Civilly-there is a judicial summon to the
show that in 1960, A had donated 800,000 worth of
receive or give4 possessor. EXCEPT, lack of legal
prop to X who in 1986 was already paid off. Would it
5. Made in fraud or creditor.5 solemnities, plaintiff desist from complaint or
still be impossible to the heirs of A or creditor to
allow the lapse of the proceeding and possessor
proceed against X for the reduction? In a case<Yes. It
Rules in reduction of donation: absolved from the complaint.
would still be possible for the compulsory heirs of A to
#1 #2,4 #3 #5 3. Express or tacit recognition by the possessor of
proceed against X for the reduction of the donation on
As to prescription the owners rights.
the ground that it is inofficious. The remedy is not
Anytime by Within 5 Anytime Action for avaible to the creditors.
B.EXTINCTIVE PRESCRIPTION
the donor yrs. after by the rescission
-When rights and action are lost through the lapse of
or his death of donor or must be ************************
time in the manner and under the conditions laid
relatives donor. The his brought PRESCRIPTION
down by the law.
entitled to donation relatives within 4
 17
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
4. Revoke d. Positive and negative
Charateristic: donation based e. Unilateral and bilateral
1. Neglect of owner on non- f. Individual and collective
2. In action of the owner compliance g. Accessory and prinicipal
3. Applies to all kinds of right real or personal with the 3. As to perfection
4. Produce extinction of rights condition a.Pure- no condition
5. Affirmatively pleaded and prove to bar the 5. Annul a b. Conditional-with condition
action of the adverse party. contract i.suspensive-happening of event result in
6. Forcible 1 yrs. birth of obli
Prescription vs. Laches entry and ii. or resolutory-haooening or fulfilment
Not applicable Applies even unto unlawful result in extinguishment of obligation
imorescriptible action detainer
example action to annul 7. Defamation xxxx ---------------------------xxxx
void contract. 8.Recover V.SOURCES OF OBLIGATIONS/RIGHTS
Concerned with fact of Effect of delay possession de 1. Law
delay facto 2.Contract
A question of time A question of inequity 9. Revoke the 3.Quasi-contract
Statutory Not donation on 4.Acts or omission punisehed by law
Applies at law Applies in equity the ground of 5.Quasi-delicts
Inorder to avail it must Need not specifically ingratitude
be pleaded as affirmative pleaded 10.Rescind or A.SINGLE ACT OR OMISSION MAY GIVE RISE TO DIFF
action recover CAUSES OF ACTION:
Based on fixed time Not based on fixed time damages if -a single act gives rise to two separate independent
immovable is liabilities, the civil liability arising from crime and
sold with non- liability arising from negligence. But prohibit double
apparent recovery.
II. NO PRESCRIPTION APPLICABLE
In acquisitive prescription burden or
servitude B.NATURAL OBLIGATIONS
1. Movables possesses through crime cannot
11. Enforce -not based on positive law but on equity and natural
be acquired through prescription by the
warranty of law;not grant right of action to enforce its
offender;
insolvency in performance, but after voluntary fulfilment of the
2. Registered Land (Torrens Title)
assignment of obligor, it authorizes retention of what has been
3. Propertty of Public dominion
credit. delivered or rendered by reason thereof.
In extinctive prescription
a. Action to demand right of way
OBLIGATIONS Differences bet civil obligation and natural obli
b. To abate the nuisance
I.DEFINITION 1. Civil obli under art 1156 while natural obli
c. Quiet title if plaintiff in possession
-necessity to give, to do or not to do. art 1423;
d. Void contract
2. Civil obli is based on positive law while
e. Action to demand partition
II.ELEMENTS natural obli on equity and natural law
1. Juridical tie-that wc binds the party. 3. Civil obli enforceable by court while
III. PRESCRIPTION OR LIMITATION
2. Active Subject-obligee or creditor, demand natural oblig not enforceable by court.
Periods to recover movables or immovable:
PERIODS TO RECOVER fulfilment
3. Passive Subject- obligor or debtor. C.EXTRA-CONTRACTUAL OBLI
Actions Movables Immovables
4. Object-prestation or service.
Action to 8 yrs from the 30 yrs Quasi-contract-juridical relation arising from certain
TN. Form may be added as a 5th but not considered as
recover time lawful, voluntary and unilateral acts, by virtue the
essential requisites.
possession is parties are bound to each other based n principle that
lost no one shall be unjustly enriched at the expense of
III.DIFF KINDS OF PRESTATIONS
Foreclosure of 10 yrs. another.
1. From view point or performance:
mortgage
a.positive-obligation to do or give
All other Within 5 yrs from the time the b.negative-obli not to do Kinds:
actions whose right of action accrues. 2. From subject matter: 1. Solutio indebiti-something is received;
periods are not a.personal obli-to do or not to do when there’s no right to demand; and it
fixed in the b.real obli to give was unduly delivered through mistake.
Code. i.Determinate or specific thing-physically 2. Negotiorum gestio-one voluntary takes
1. Upon written 10 yrs segregated from one charge of the agency or mngt of the
contract ii.Generic-designated merely by class business or prop of another;without any
2. Upon an iii.Limited generic-generic object confined power from the latter.
obligation to particular class TN.must continue until the termination of
created by law 3.Sanctions: affair.
3.Judgment a.Civil obligation-right to complel
1.Upon an oral 6yrs performance Quasi-delict-act or omission wc causes damage to
contract b.Natural obligation-based on equity and another, there being fault or negligence, giving rise to
2.Upon on natural law the obligation to pay for the damage done. No pre-
quasi contract existing contractual relation bet them.
1. Upon an 4yrs IV. CLASSIFICATION OF OBLIGATIONS
injury to the Fault or negligence covers crim acts WON voluntary or
rights of the 1. Primary classi: negligent
plaintiff a. Pure and conditional
2.Upon quasi- b. With period VI.NATURE AND EFFECT OF OBLIGATION
delict c. Alternative and facultative
3. Revoke or d. Joint and solidary A.OBLIGATION TO GIVE
reduce e. Divisible and invisible A determinate or specific thing-TN of Process:
donation based f. Penal clause 1. Obligation to perform d obligation specifically;
on birth, 2. Secondary classi: 2. Take care of d thing with proper diligence of a
appearance or A . Legal, conventional, and penal good father of the family unless a standard is
adoption of a B . real and personal stipulated diff.;
child c. Determinate and indeterminate
 18
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
3. To deliver all accession and accessories of the thing Commencement of exercise 4. Obligation must be free from any
although not mentioned; Present only during the Present only at the time participation
4. To be liable for the damages in case of delay, fraud, performance of pre of the birth of the
negligence or contravention of tenor. existing condition obligation. D.REMEDIES AVAILABLE TO CREDITOR IN CASES OF
Purpose of Employment BREACH
Rights of the oblige or creditor in an obligation to For evading the normal Securing the consent of
give a determinate or specific thing: fulfilment of obligatio the other party to enter Remedies Available to creditor
the other contract. 1. In an obligation to deliver a specific thing,
1. Compel specific performance with right to Results to compel the performace of the
be indemnified for damages Non fulfilment of the Vitiation of the consent obligation;
2. Fruits of the thing from the time the obligation 2. If to deliver the generic thing, substitute
obligation to deliver arises the performance by a 3rd person; unless
3. Obligor delays, or promise to deliver the Responsibility arising from fraud is demandable in all purely personal act
same thing to two or more person, the obligation. Waiver of future fraud is void.
creditor has the right to hold the obigor The injured party must chooses bet the fulfilment and
responsible for fortuitous events ( F.E.) Negligence (culpa) in the performance of obligation rescission of the obligation, with payment of damages
until the delivery in either case. He nay also seek the rescission even
4. DEMAND rescission of the obligation with Fault or Negligence-consist in the omission of that after he has choosen fulfilment if the latter should
right to recover damages, should the diligence wc is required by the nature of the obligation become impossible,
obligation be reciprocal and correspond with the circumstances of the person,
5. Demand payment of damages if other of the time and place. In absence of the diligence in GR is that rescission will not be permitted for a casual
party is guilty of fraud, neglidgence and the contract: Expected of a good father of a family breach of contract but only to substantial and
delay and contravene tenor. requires. fundamental as to defeat the object of the parties. Ex
delay in payment of small quantity of molasses for 20
An indeterminate or generic thing Responsibility arising from negligence is also days.
Duties of debtor in an obligation to give indeterminate demandable but such may be regulated by the court.
or generic thing: Damages
1. Deliver d thing wc is neither superior nor Kinds of negligence: Instances when the obligor is liable for damages:
inferior quality 1. Culpa contractual-unable to perform his 1. Fraud
2. Liable in damages for delay, fraud or obligation arising from pre existing 2. Negligence
negligence or contravene tenor.(1a) contract 3. Delay
2. Culpa aquiliana/quasi delict-failure to 4. Contravene the tenor of the obligation
Rightds of the creditor in an obligation to give observe the required diligence to the
indeterminate or generic thing:: obligation cuases damage to another. Subsidiary Remedies of creditors
1. Ask performance of the obli 3. Culpa criminal-fault or negligence wc 1. Accion subrogatoria, or to be subrogated
2. Ask that obligation be complied results in the commission f the crime. to all the rights and actions of the debtor
3. Recover damages in case (1a). Except purely personal rights in the sense
GR: the diligence of the good father of the family is that they are inherent in the person of the
B.OBLIGATION TO DO OR NOT TO DO required by law. Excetion: debtor, requisites:
Person is obliged to do something fails to perform the 1. Common carriers-extraordinary diligence a. Debtor whom indebted to the
obligation, or does not in contravention of tenor, what in the vigilance of the goods of passenger creditor
are the rights of the oblige: rules and is presumed unless they prove b. Creditor prejudice by the debtor
1.Same undone at the expense of the obligor that they exercise the extraordinary inaction to proceed against 3rd
2.Ask for damages coz of breach of obligation diligence. person
2. In case of banks-more than the good c. Creditor must have 1st pursued or
C.BREACH OF OBLIGATION father of the family where the fiduciary exhausted all the prop of the debtor
nature of the their depositor is concerned. wc are not exempted for execution.
Default, delay or Mora- No default unless creditors 2. Accion Pauliana or to impugn all the acts
make a demand Diligence of a good father of a family-diligence wc d debtor may have done to defraud
Kinds of default or mora: required wc an ordinary and prudent person would The creditor by means of rescissory action
1.Mora solvendi-delay of d debtor to perform his have done. at the instance of the creditor who Is
obligation prejudice, requisites:
a.Ex re-obligation to give Contravention of tenor-includes not only illicit acts wc a. Creditor prior to alienation
b.Ex persona-in obligation to do impairs the strict and faithful fulfilment of the b. Debtor has made a subsequent
2. Mora Accipiendi-delay in the creditor in accepting obligation but every kind of defective performance. contract conveying a Patrimonial
the delivery. Requisites: benefit to 3rd person
a.Offer of the performance of the debtor Legal excuse for breach of obligation, F.E.;requisites: c. Creditor has no other legal remedy
b.Offer to comply prestation GR: no person shall be responsible for those acts wc to satisfy his clam.
c. creditor refuses without just cause is unforeseen and even foreseen is inevitable:Except: d. The act being impugned is
3. Compensation morae-delay of parties, reciprocal 1. Expressly provided by law fraudulent
delay. 2. Declare by stipulation e. The 3rd person who receive the prop
3. Assumption of risk is an accomplice in the fraud
Incur delay from d time the oblige judicially, or 4. Obligation is generic NOTE: the 2nd and 3rd remedies are subsidiary to the
extrajudicialy demands from them the fulfilment of 1st. It can only be availed of in the absence of any
the obligation. Except: Classification of FE: other legal remedy to obtain preparation for the
1. Oligation or law expressly staes 1. F.E. proper or act of GOD- absolutely injury.
2. Nature of the circumstance independent of human intervention;
3. Demand is useless. 2. F.E. Force majeure mayor-arises from 3. Accion Directa, specific cases include
In reciprocal obligation:the moment the other parties legitimate or illegitimate acts of person a. In case of sublease, the sublesee is
fulfil his obligatiob and the other;delay begins. other than the obligor. subsidiary liable to the lessor for any
rent due from the lesee. However,
Fraud in the performance of the obligation Requisites of F.E.: the sublesee shall not be responsible
-Coscious and intentional proposition to evade the 1. Independent of human will beyond the amount of rent due from
normal fulfilment of the obligation. Either fraud in the 2. Could not foreseen, or if foreseen it must him, in accordance with the term of
performance of an obligation or in the establishment be impossible to avoid sublease, at the time the
of an obli. 3. Event render it impossible for the obigor extrajudicial demand by the lessor.
to fulfil his obligation in a manner Note: Payment of rent in advance by
Fraud in the performance vs Fraud in constitution the sublesee shall not be deemed
 19
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
made, so far as the lessor is mutually compensated the fruits and the substitution of what is
concerned, iunless the payment is prestation. due
effected in virtue of the custom of 2. Same lang ang sa babaw nga number 2. Extinguishment in case of loss
place. Effect of loss, improvement or deterioration of Due to fortuitous event Due to F.E. is sufficient to
b. CONVENTIONAL REDEMPTION, the specific thing b4 the happening of a suspensive shall extinguish the extinguished the
vendor may bring the action against condition in the obligation to give. obligation. obligation.
every possessor whose right is 1.Loss without the fault of debtor-obligation shall be Culpable loss of choice
derived from vendee, even no extinguishment. Give rise to liablilty on Not give rise.
mentioned of right to repurchased 2. If fault of debtor-pay damages:Except the part of the debtor.
in the 2nd contract. a. If it deteriorates without the fault of debtor,
c. CONTRACT OF PIECE OF WORK imoariment borne by creditor Effect of in case of the loss of specific thing:
action against the owner against the b. If deteriorates with fault of debtor- creditor may 1. Choice belong to the debtor-
owner up to the amount owing from choose rescission or fulfilment with damages. a. Due to fortuitous event:
the latter to d contractor at the time 3. If improve by nature, the improvement shall enure i.all are lost-debtor release from oblig
the claim is made. Except the ff shall to thr benefit of creditor. ii.some but not all lost- chose among
not be prejudice: 4.If improve at the expense of debtor those granted as remainder.
i.Payment made by the owner to the usufructuary. iii.only one remains-which remains
contractor b4 they are due b. Debtor fault-
ii.Renuciation by the contractor of C.OBLIGATION WITH A TERM/PERIOD i.”-no right to indemnity.
nay amount due to him from the -period is a future and certain event upon the arrival ii.”-“ (above)
ower. of wc the obligation subject to it either arises or iii.”-“
d. SUBAGENCY, Art.1982, the terminated. 2. Choice belong to creditor:
principalmay bring an action against a. Due to FE:
the substitute with respect to the T.N.Presumption that the period is for the benefit of i.”-“
oblig wc the latter has contracted both debtor ad creditor., unless the tenor of the ii.”-“
under the substitution. obligation states that in favour of the one. iii.”-“
Note: Right of action is granted even in the b. Debtor fault-
absence of privity of contract bet the Effect if suspensive period is for the benefit of both i.”-creditor may claim d whole value/price
parties. the debtor and creditor. of any of them with damages
ii.”-claim that wc subsiting and without
VII.KINDS OF CIVIL OBLIGATIONS: TN. Maturity means the time of payment. There was a damages OR price or value of the thing
term that’s why u cannot pilit mgbayad sa creditor nga with damages.
A. PURE wala sa period nga gn sugtan. Like there is payment of
-affectivity or extinguishment does not depend on the interest and to keep the money safe if sudden decline VIII. JOINT OBLIGATION AND SOLIDARY OBLIGATION
fulfilment or non fulfilment of a condition or on the in the purchase power of currency loaned.
condition or expiration of a term or period, is A.JOINT DIVISIBLE OBIGATION
Creditor cannot demand the performance of the oblig Concurrence of 2 or more creditors and two or more
characterized by the quality of the immediate
b4 expiration of the period also, neither can debtor debtors”. OTHER DEBTOR NOT LIABLE FOR OTHER COZ
demandabiltiy. Not violated even there is period perform the obligation b4 the expiration of period. OF DIVISIBILITY OF SHARE.
granted for the performance.
1. Liability of above:
Period in favour of debtor: a. GR Joint Obligation.
B.CONDITIONAL 1. Debtor may renounce the period and b. Exception:
-effectivity is subordinated to the fulfilment or advance the payment 1. Expressly state that solidary
nonfulfillment of a future and certain fact or event. 2. Debtor may oppose creditor premature 2. Law requires solidary-ex:torts,
demand to pay. quasi contracts.Moral wrong
Potestative, Casual or Mixed 3. cannot divided into 2.
-Potestatative- fulfilment depends upon the will of the Debtor losses the benefit of period: 3. Nature of the obligation
party to the obligation. 1. He become insolvent after the obligation 4. Imputed by the final judgment
-Casual-fulfillment depends upon the chance and or has been contracted solidarity
will of 3rd person. 2. Not furnished the creditor the guaranties 5. Charge or condition impose
-Mixed-partly on the will of party and chance or 3rd or securities he promise; and upon the heirs and legatees.
person. 3. He impaired such. If result to F.E. it should
be total disappearance in order to deprove Credit or shares are presumed, in the absence of any
TN. When the conditional obligation is dependent the debtor the benefit of term. law or stipulation or contrary, that it divided into
upon the will of debtor the conditional obligation shall 4. Debtor attempt to abscond many shares.
be void. While, fulfilment depends upon the will of 3rd 5. Violates the term
person or chance, the obligation including such TN. The debtor cannot be compelled to answer for the
condition shall take effect. Resolutory Period: liability of another. Thus, if payment by one of the
Takes effect at once and terminates upon the arrival debtor does not stop the running of the prescriptive
Suspensive and Resolutory Condition of day certain. period as to the others.
Suspensive-when its fulfillmetn result in the
acquisition of rights arising out of the obligation. D court can fix d period: Art.1209 In case of joint debtors should be insolvent,
Resolutory-when the fulfilment results in th 1. If the obligation does not fix the the other cannot be held liable for his share.
xtinguishment of rights arising from the obligation. period;and the nature it can be inferred
that there was Ex ang case sang lease sang med student nga gn bay
Extent of retroactivity in case of fulfilment of 2. When it depends upon the will of the an sang ka joint niya. Siya ngbayad ang isa wla. Held
condition: debtor.TN once the period is fix the court that the med student free from obligation while the
In resolutory condition: cannot change it. It refers to the court not other not.
1. Condition the extinguishment of obligation the party.
to give-the parties upon fulfilment shall B. JOINT AND INDIVISIBLE OBLIGATION
return what they have receive. D.ALTERNATIVE AND FACULTATIVE OBLIAGTION -If division impossible. The rights of the creditor may
2. In oblig not to do or to do, the court ALTERNATIVE VS, FACULTATIVE be prejudice by the act of other, and debt can be
determine the retroactive effect. NO. of objects enforce against all debtor. If one insolvent the latter
In suspensive condition: Several objects are due Only one shall not be.
1. Obligation to give-once the condition has Compliance
been fulfilled it shall retroact to the day of By delivery of one Either delivery of the TN the indivisibitly does not necessarily give rise to
the constitution of the obligation. If objects or performance object or performance of solidarity. Nor solidarity implies indivisibility.
RECIPROCAL deemed to have been or prestation another prestation in
 20
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
In a join and indivisible oblig it give rise to imdemnity a.Entire obligation:totally extinguished but ko nga wla tka gnhambal!” Nor, cannot
for damages in time any of the debtor not complpy his solidary debtor who obtained it does not compel the creditor to subrogate him in
undertaking.SHALL NOT CONTRIBUTE BEYONG VALUE entitle him to reimbursement from his co- his rights such as those arising from
OF SERVICE IN WC THE OBLIGATION CONSIST. debtor. Reason: said gives or losses mortgage or guaranty. Note: He can
nothing. recover what he has paid so far beneficial
C.SOLIDARY OBLIGATION b.if benefit only 1 covering his entire share to them. Partial payment by stranger
Mutual agency among solidary creditors-effect shall extinguished such debtor part only without the authorization of the debtor
1. Debtor may pay any of the creditor; but if c.If benefit of 1 debtor and cover the part will not stay the running of prescriptive
any demand from one of them judicial or not all his share of his share his character period.
xtra, payment sya. as solidary debtor is not effected. 3. Payment made by 3rd person without
2. Novation, compensation, confusion or consent is deemed donation and that
remission of debt-made by any of the D.INDIVISIBLE AND DIVISIBLE requires debtor consent.
solidar creditor/solidary debtor shall Difference:
extinguishe the obligation, remission *Divisible-object a prestation of obligation susceptible Dation in Payment
made by credito to one of debtor does not of partial performance without changing the -Property is alienated to the creditor in satisfaction of
release the debtor to his co-debtor incase obligation. Like execution for # of days, weight by debt in money shall be governed by law of sales.
the debt had been totally paid by anyone metric units basta may sukatan.
of them b4 the remission was effected. GR payment may be made only by legal tender in the
*Indivisible-object a prestation wc is not susceptible of Philippines and Prom note or Bill of Exchange shall
Mutual guaranty among solidary debtor partial performance, the essence obligation will be produce the effect payment only:
1. Creditor may proceed against any one of the SD or change. Even though physically divisible but the law 1. If encashed
some or simulatenously until paid. provides the indivisibility. 2. Through fault of creditor the same has
2.Pyment made by one SD etxtignuish the obligation. been impaired (PN and BOE).
a. If 2 or more offer to pay-Creditor may chose wc to E.OBLIGATION WITH PENAL CLAUSE TN. Applicable only to ins or paper
accept GR the penalty is substituted with indemnity and executed by 3rd person not to instr
b.who paid may claim his co debtor only d share wc damages: Exception: (PENAL CLAUSE) executed by debtor himself.
correspond to each with interest of payment already 1. Stipulation to the contrary.
made. 2. Obligor refuses to pay the penalty.
c.if paid made b4 maturity, no interest may be 3. The obligor is guilty of fraud in the As GR Philippine currency can be used as payment of
demanded fulfilment of the obligation. obligation but they may agreed that a other currency.
d.one co-debtor insolvent, it shall be borne by co- The penalty may be enforce only when it is
debtors in proportion. demandable in accordance with CC. Extra-ordinary inflation or deflation
TN. Proof of actual damages suffered by the creditor is The vaue at the time of establishment of obligation
Defenses may solidary debtor avail f creditor NOT necessary in order that penalty may be shall b the basis of payment, unless agreed in
proceeds against him alone for entire oblig: demanded. contrary.
1. Defenses:
a. derived from the nature of Instances when penalty may be reduce: Most Onerous rule: in the application of payment-to d
obligation 1. Principal obligation partly complied debtor ex:debt which the debtor is solidary liable with
b. personal to him or pertaining to his 2. Irregularly complied another and an unsecured debt.
share 3. Even if no performance, but
c. personal to other but only regards to unconscionable or inooficious. Tender of payment vs consignation:
the part of debt wc such 1. Manifestation of the 1.Deposit the object of
responsible(TN Bar problem source) Effect of nullity of penal clause to the principal debtor to pay creditor the obligation in the
In a case he can represent his co- obligation-Nullity of the penal clause does not carry immediately. competent court in
debtors in a case wc is a minor, and with it that of the principal obligation. accord with the law,
other. after refusal of the
Effect of nullity of principal obligation to the penal creditor to accept tender
NOVATION-substitution of old debt to new debt. Old is clause-nullity of the principal obligation carries with it of payment.
extinguished by a new one. that of the penal clause. Preparatory Act Principal Act
Extrajudicial in character. Judicial in character
Effects of prejudicial acts committed by a solidary IX.EXTINGUISMENT OF OBLIGATION
creditor: (P-L-A-N -WARD - P-E-R-F –C4 Instances where consignation produces the effect of
1. To the debtor-valid ang acts kay may payment even without prior tender of payment:
mutual representation mn gyapun kay 1. Payment or performance art123 1. Creditor absent or unknown or not appear
may co-creditor 2. Loss of the thing1262 in the place of payment; (not judicially
2. To sol creditor- dmages na. 3. Agreement1291 declared bskan,wla lng representative).
4. Novation1291 2. Creditor is incapacitated to receive the
Effect of Novation, compensation,confusion or 5. Will of one payment at the time it is due
remission of debt executed by solidary creditor(to co- 6. Annulment 3. Without just cause, creditor refuses to give
creditor): 7. Rescisision a receipt;
1.Novation: 8. Death 4. When 2 or more person claim d right to
a. If prejudicial-damages 9. Prescription1231 collect
b. If beneficial-such creditor shall be liable to the share 10. Expiration of the term 5. Title of obligation has been lost. List not
of his co-debtor 11. Renunciation exclusive.
c. If creditor substitute another person to the debtor- 12. Fulfillmet of resolutory condition
liable for such acts of person if prejudicial 13. Compensation Effects of consignation:
d.Subrogating a 3rd person in the rights of Solidary 14. Condonation 1. If the creditor accepts the thing or amount
creditor responsible for novation, the obligation of d 15. Confusion deposited in the court the obligation is cancelled or
debtor or creditor is not in reality extinguished; the 16. Compromise extinguished.
relation bet the other creditor not substituted and the 2. Result in litigation-if the creditor contests the
debtor is maintained. A.PAYMENT 1236-1238 validity of consignation or if creditor is not interested
2. Compensation and confusion: When payment done by 3rd person, effect: or unknown or is absent.
a.Partial:rule of payment apply without rejudice to the 1. Creditor not bound to accept the payment,
other creditor not effected such. unless agreed or such 3rd person has May d debtor withdraw the consignation made? Yes.
b.total:obligation extinguished, such creditor who interest in d fulfilment of oblig The effect:
effecte shall reimburse co-creditor not effected such. 2. 3rd person who pays cannot demand 1. Debtor may withdraw the thing or sum
payment to debtor wihout knowledge or deposited-oblig remain in force
3. Remission: against to debtor. “Haman gn bayran mo
 21
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
2. B4 the creditor accepted the consignation- Compensation:
the oblig remain in force 1. Totall-wen 2 dbts are the same amount Subsitution of the Old debtor by d new debtor and
3. B4 judicial declaration that consignation 2. partial-wen debts compensated are not accepted by the creditor and insolvency by said ND
has made–creditor loss the preference of same amount. does not make liable the OD. Except:
thing. Co-debtor and sureties shall be 1. Insolvency was already existing and of
release. Requisites of legal compensation: public knowledge;or
1. Must b 2 parties who are in their own right 2. Known to the ND, when he delegated d
B. LOSS OF DETERMINATE THING DUE OR principal creditor and debtor of each. debt;
IMPOSSIBILITY OR DIFFICULTY OF PERFORMANCE Except in guarantor.(1)
1. The obligation shall be extinguished: 2. Debts consist of money or if fungible they Accessory oblig may subsist even when d principal
a. lost or destroyed without fault of debtor must be of the same kind and quality. oblig is xtinguished of novation but only insofar may
b. and B4 he has incurred in delay. 3. Both debt are due benefit d 3rd person who did not give their consent.
2. Obligation not extinguished: 4. No controversy or retention of debt
a. Law provides commenced by 3rd person and -If d new obligation is void d old, d old shall subsist
b. stipulated that the obligor shall be liable even der is communicated in due time to d debtor; unless ders agreement to d contrary.
for fortuitous event 5. Not prohibited by d law.
c. Nature of the obligation requires the assumption of If d original oblig is void, d novation is void. Except:
risk Effect wen all requisites of debt are complied: 1. Wen Annulment may b claim only by d
d.party fault of debtor Compensation tk effect by operation of the law and debtor;
e. Loss of the thing occurs after the debtor incur in EXTINGUISHED both debts to d concurrent amount 2. Ratification validates acts wc are voidable.
delay. even though they are not aware of d compensation.
f. when the debtor promises to deliver the same thing Even payable at diff places but the expenses for If d original oblig is subject to a suspensive and
to 2 or more person who do not have the same traveling indemnified. If should have several debts resolutory condition d same will b d new oblig.
interest susceptible mn of paymen the RULE OF APPLICATION
g. When d obligation to deliver arises from crim OF PAYMENT SHALL APPLY. Subrogation of a 3rd person in the right of creditor is
offense either:
h. when the obligation is generic. Compensation may tk place even not yet due. 1. Legal or presumed except contrary
provides;
Debtor in an obligation release from non Claim for damages can be used set-off in an 2. Conventional clearly established
performance: obligation. Must have d consent of 3rd person and d original
1. Obligation becomes legally or physically parties.
impossible without the fault of debtor, Compensation is facultative wen set up only by the
obligor releases from obligation option of the creditor wen legal compensation cannot When Legal Obligatio presumed:
2. Service has become impossible, the court tk place coz of want of legal requisites for the benefit 1. Wen creditor pays another creditor who is
shall be authorized to release the obligor of the creditor. Unilateral while conventional prefereed, eve without consent of debtor;
in whole or in part-Doctrine of Frustration compensation is mutual. 2. 3rd person not interest in d obligation ,
of enterprise or Unforeseen Event. pays with the tacit or expressed consent f
TN in (1) above a son is not a party in the payment. the debtor;
C.CONDONATION OR REMISSION OF DEBT 3. Even without d knowledge of d debtor
Express Condonation-Requisites: Obligation not compensable another person pays who has interest in
1. Gratutious Not prosper: the oblig.
2. Accepted by the obligor 1. Debt arises from depositum (bank deposit)
3. Obligation demandable 2. Obligation of depository Effects of subrogation:
4. Parties must have capacity 3. Bailee in commudatum 1. Transfer to d person subrogated the credit
5. Not inofficious 4. Creditor who has a claim 4 support due by with all d rights thereto, either against the
6. Compliance with the law of donation gratuitous title debtor or 3rd person;
5. Debt arises from penal offense. 2. Creditor, May exercise his right to
Instances of Implied Condonation or remission of remainder and preferred d one
debt: Novation subrogated in is place in partial payment
1. Delivery of private document evidencing 1. Chainging ther object or principle of same credit.
credit made by creditor to the debtor condition ******** *******
voluntarily. 2. Substitutingd person of the debtor
2. If private document is found in the 3. Subrogatinh the rights of the creditor to d CONTRACTS
possession of debtor 3rd person
3. When the thing pledge, after its delivery to TN. Either express or implied sya. Express wen -Meeting of minds bet 2 person whereby one binds
the creditor is found in the possession of extinguishment by reason of novation is declared in himself, with respect to d other, to give something or
debtor. unequivocal term amd implied wen old and new are to render some service.
incompatible with each other.
D.CONFUSION AND MERGER OR RIGHTS I.ESSENTIAL REQUISITES:
Requisites: Substitution of the debtor by expromision is effected 1. Consent of the contracting parties
1. Merge of creditor and debtor;must be d by d consent of the creditor at d instance of new 2. Object certain wc is the subject matter of the
same person; debtor even without consent or against the wil of the contract.
2. Person of either principal creditr or debtor. 3. Cause of the obligation wc is established.
principal debtor;
3. Complete and definite meeting of qualities TN in novation d consent of the old and new debtor Requisites of consent:
WON entire obligation or part thereof; not necessary only the consent of creditor is 1. Manifested by the concurrence of the
E.COMPENSATION: important, Payment of new debtor gives him right offer and acceptance
-takes place when 2 or more person, in their own are inder Art 1236 and 1237. 2. Legal capacity
creditr and debtr. 3. Intelligent, spontaneous and free
Effects of the substitution of the new debtor without
Kinds the knowledge of old debtor: Requisites of valid object of a contract:
As to cause: 1. New debtor can recover only insofar as 1. Coomerce of man
1. Legal-tk effect by operation of the law wen the paymtn has been deneficial to d 2. Real and possible
all req are present; debtor; but cannot compel the creditor to 3. Licit
2. Voluntary- mutually creditor and debtor to subrogate him in his rights, such as those 4. At least determinable
agree to compensate their respective arising from mortgage and guaranty. Note: the genus or kind of the object must be
obligation; 2. Non-fulfillment of new debtor does not giv expressed
3. Judicial-tk effect by judicial decree. rise to liablilty by the old debtor.
 22
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
Case: It has been considered illegal if the parties FF contract must appear in public document: Ex of contracts that are rescissible:
agreed as a consideration of the contract to prevent 1. Objects from their creation, transmission, 1. Entered by into by guardians wer the
prosecution of a crime. modification or extinguishment of real ward suffer lesion of more than ¼ of d
rights over immovable prop sales or real value of the thing;
Requisites of a cause prop or an interest therein; 2. Those agreed upon in representation of
1. Existing at d time d contract 2. Cession, repudiation, renunciation of absentees if the latter suffer lesion by
2. Licit hereditary rights or conjugal partnership more than ¼ of the value of the thing
3. True of gains, subject thereto;
3. The power to administer prop and other if 3. All contracts subject to lesion
II. KINDS OF CONTRACTS prejudiced the 3rd person.
A. CONSENSUAL CONTRACTS- contract perfected by B.VOIDABLE CONTRACT:
mere consent;After wc the parties are bound to fulfil d All other contract must appear in writing even in -Contracts are voidable, even though no damage:
obligation and d consequence thereof expressly private in one if it exceeds 500. But sales of goods and See table:
stipulated. chattels are governed by statue of fraud.
Persons incapacitated to give consent:
B.REAL CONTRACTS-such as deposit pledge and IV. DEFECTIVE CONTRACTS 1. Minors
commudatum perfected by delivery of the object of 2. Insane or demented person, deaf-mute
the obligation. who do not know to read and write;
VOID VOIDABLE RESCISSIBLE UNENFORCEABL 3. Person in state of dtunkeness and
E
C.FORMAL OR SOLEMN: DEFECT
hypnotic spell
1.Donation-Formal Requirments: CAUSE: -vitiation in - -excess or lack
a. if the personal prop exceeds 5K, donation and -lacking consent or injury/damag of authority; MISTAKE OF FACT VS. MISTAKE OF LAW
acceptance must be made in writing , otherwise it absolutely of legal e either to does not -when both of the parties -wen one or both of the
either in fact capacity of one of the comply with
shall be void. or law of one contracting parties or to statute of fraud believe that a fact exist contracting parties arrive
b. If immo-must be made in public document, or some of d party.Ex: 3rd person. or both of d wen in reality not. at erroneous
specifying the property donated and value of charges elements of Mistake, contracting interpretation of the law.
wc done must satisfy; illegality. violence, parties are -vitiate consent
intimidatio legally
Note the acceptance must b made in the same deed of n and incapacitated. -not vitiate consent.
donation or in separate public document, but shall not fraud. Ex: Mistake unto:
tk effect unless done during the lifetime of the donor. EFFECT: 1.Identity of thing;
If d acceptance is made in separate instrument, d -No legal -valid and - valid and -cannot enforce 2.subtance of the thing
effect. enforceabl enforceable by proper
donor shall be notified thereof in an authentic form 3.condition of the thing;
e until until action in court.
and steps must be noted in both instruments. annulled rescinded by 4.quantity of the thing
by a a competent Mistake of the
2. Partnership where real property contributed-formal competent court. person/qualification of
court,
requirement: PRESCRIPTION:
the parties.
a. any form, except immo prop or real rights are -Not prescribe. - - Prescriptible. -Corresponding 5. Mutual errors that
Prescriptible.
contributed and is void if inventory of said prop is not action 4 frustrate real purpose of
made, signed by the parties and attached to the public recovery, if der the contract except wen
was partial and
instrument. knowledge of doubt
total
performance of exist.
3.anti-chresis-the amount –“ d amount of principal the
and interest shall be specified in writing; otherwise unenforceable
contract under
the contract shall b void. But the principal obligation s Violence:
No.1 and NO.3
still valid. of Art.1403 may -in order to wrest consent, serious or irresistible force
prescribe. is employed.
4.Sale of real property or an interest thereon through CURABILITY Cured by Cured by -not cured by
-not cured by prescription prescription presciption
agent;-“ the authority of the latter shall be made in presciption Intimidation:
writing; otherwise the sale shall be void. RATIFICATION can Need not can -one of the contracting parties is compelled by
Cannot reasonable and well-grounded belief that fear or
ratified
5.Stipulation to charge the interest- No interest shall imminent and grave evil upon his person or property,
CHALLENGIN Only by -assailed by - Only by
be due unless made in writing. G PARTY: contracting contracting contracting his spouse, descendants or ascendants, to give his
-assailed by party. party and 3rd party. consent. List not exclusive and intimidation does not
6.Stipulation Limiting common carrier duty of contracting party is vitiate consent if claim is legal.
party and 3rd prejudiced or
xtraordinary diligence to ordinary diligence-shal b
party who damage by
valid provided made in writing by the shipper owner has interest the ontract. TN-Violence or intimidation shall annul the obligation
and supported by valuable consideration other than is directly although it may have been employed by 3rd person
the service rendered by the common carrier and not affected. who did not take part in the contract.
contrary to law. ATTACK: --directly -directly -directly or
-directly or or collateral -
collateral collateral Undue influence
But if the diligence is less dan that of a good father of -Wen a person takes improper advantage of his power
a family or man of ordinary diligence over the movable A.RESCISSIBLE CONTRACTS over d will of another, depriving d latter of a
shall be void. Requisites: reasonable freedom of choice.
1. Contract must be rescissible under
7.Chattel Mortgage-Personal prop is recorded in the Art.1381 and 1382; Fraud
chattel mortgage register as a security for the 2. Party seeking rescission no other 1. Through insidious words or machination ;
performance of the obligation. remedies; 2. Failure to disclose facts: Under the
3. Person demanding rescission must b able Principle of Tolerated Fraud or dolus
8.Sale/ Transfer of large cattle-attainde the age of 2 to return whatever he may b oblidge to bonus, the usual exaggeration in trade,
yrs must be branded and register and original cert restore if rescission id granted. Reason: wen the other party had an opportunity to
ownership issued to d owner. All subsequent transfer The effect of rescission if granted would b know the facts, are not themselves
must be registered, otherwise void ang transfer of for the restoration of things to their fraudulent.
sale. condition prior to d celebration of the 3. Mere expression of opinion made by an
contract expert and d former relied on such
II.FORMALITY 4. Things must not passed to the possession 4. Misrepresentation by 3rd person wc was
GR all contract are obligatory in whatever form, of 3rd person in GF; created by substantial mistake and same is
provedid ALL d essential requisires are present. 5. Action brought within 4 yrs. mutual, except made in GF.
Excepin wen d law requires another form.
 23
1.Onerous-with valuable consideration;2. Gratuitous-without consideration. 3. Maturity-the agreement date for payment of debts but not takeplace without demand.
Requisites of fraud: a.The failure to object the Contract of sale- one wc contracting parties binds
1. Serious; and presentation of oral evidence himself to transfer the ownership of and to deliver a
2. Should not have been employed by both b. Acceptance of benefit under them determinate thing, and the other pay therefore the
contracting parties. 3. In case of incaple of giving consent-the price certain in money or its equivalent.
Note: Incidental fraud obliges the person only to express or implied ratification by parent or
pay damages. guardian. Gross inadequacy not affect above.
Unenforceable contracts cannot be assaile by 3rd
Action 4 annulment brought within 4 yrs frm: person. Element of contract of sale:
1. In case of Intimidation, violence, or undue 1. Consent -of the contracting party; concurrence of
influence, from the time the defect of the D.VOID CONTRACTS offer and acceptance; legal capacity and consent not
consent ceases; vitiated.
2. Mistake or Fraud-from discovery Void Contracts vs Inexistent Contract 2. Object or subject matter- existing, future and
3. Minors or incapacitated-from the tm the Requisites of the contact Want of essential resolutory condition, licit and the vendor must have
guardianship ceases. are present but cause or requisites of contract ex the capacity to transfer ownership at the time of
object contrary to simulated or fictitious. delivery; at least determinable.
-Ratification cleanses the contract from the moment it Not allow either parties to Open to attack even by the 3. Cause or consideration- seller payment of price and
was constituted. Made expressly or tacitly. Effected by be heard. parties thereto. the buyer transfer of ownership at the time of
guardian or incapacitated person. delivery.
FF contracts that is void and inexistent from the
Requisites of Ratification: beginning: C.STAGES OF A CONTRACT OF SALE
1. Contract tainted with vice susceptible of 1. Preparation- negotiation and bargaining’;
being cured; 1. Cause or object contrary to 2. Perfection-validity of contract determine or
2. Confirmation is effected by person not 2. Absolutely simulated or fictitious moment they agree;
disqualified 3. Cause or object not existent at the time of 3. Consummation-delivery of the thing together with
3. Effected with knowledge of defect transaction; the payment.
4. The cause of nullity or defect should have 4. Outside the commerce of men
already disappeared. 5. Impossible of service D.OBLIGATIONS CREATED
6. Intention of parties not ascertain Obligation of the vendor:
The action for annulment of contracts may be 7. Void as per law 1. Transfer of ownership-cannot be waived;
instituted by all who are thereby obliged principally or 2.Delivery of the thing sold-cannot be waived
subsidiarily. Principle of In Pari Delicto: 3. Delivery of the fruits and accessories-same
-defect or void contract consist in the illegality of the 4. Make warranties- waivable not essential element
Effect after the obligation has been annulled: cause of d contract and both parties are at fault or in 5.Take care of the thing, pending delivery with proper
1. The contracting parties shall restore to pari in delicto, the law refuses them every remedy and diligene;
each other the things wc have been the leaves them. 6. Pay expenses incurred for execution and
subject matter of the contract, with their registration of the sale unless stipulated contrary
fruits and the price with interest; Simulated or fictitious contract-Void except, relative 7. Accord buyers to examine the goods
2. Incapacitated person are not oblige to simulation when it does not prejudice 3rd person and 8. enter into contract with the carrier on behalf of
make restitution except insofar as he has not contracy to house. buyer as may be reasonable under the circumstances;
been benefited by the thing or price 9. Notify the buyer regarding necessity to insure goods
receive by them. Pactum Commissorium- creditor cannot appropriate if it s customary to ensure them;
3. Wenever the person oblige by the decree the things given by way of pledge, mortgage or
of annulment to return d thing cannot antichrises or dispose them. Stipulation to such is null Vendee principal obligation:
because it has been lost through the fault, and void. 1. Accept delivery;
he shall return the fruits received and the 2. Pay the price of the thing sold in legal
value of the thing at the time of the loss, Pactum de non Alienando-stipulation forbidding the tender unless another mode had been
with interest from the same date; Reason: owner from alienating the immovable mortgage shall agreed upon
To restore the parties in so far as legally be void. Other:
and equitable possible to their original 1. TC of the goods with the obligation to
situation b4 the contract was entered into. Pactum leonina-stipulation wc excludes one or more return the same where the goods are
But mutual restitution should not violate partners from any share in the profits or losses is void. delivered to the buyer and rightfully
injust enrichment. refuses to accept them;
V.EFFECTS OF CONTRACTS 2. Liable as depositary if he constituted
C.UNFORCEABLE CONTRACTS Principle of relativity of contracts-the contract tk himself ;
Instances when contract is unenforceable: effects only between the parties, their assigns and 3. Pay interest for period bet delivery of the
1. Entered into by the name of other person; heirs, except in case where the rights and obligations thing and payment of the price when:
who has no authority. Unauthorized arising from the contract are not transmissible: a. Interest is stipulated;
contract are governed by Art 1317 and the 1. By their nature; b. Fruits and income are received by
principle of agency. 2. By stipulation; vendee from the thing sold; or
2. Do not comply with statute of frauds; 3. By provision of the law c. Vendee is guilty of default.
3. Those who are not incapable of giving The heir is not liable beyond the value of the property
consent to a contract. he received from the decedent.

Note: Note or memorandum is evidence of the Exception above:

agreement of the parties and is used to show the 1. If a contract contain some stipulation in
intention of the parties. It must contain the name of favour of the 3rd person, he may demand
the parties and terms and conditions of the fulfilment provided he communicated his
agreement, description of subject matter, date and acceptance to the obligor b4 its
place of agreement and signature of parties. revocation. Mere incidental benefit not
sufficient.
Form of Ratification of unenforceable contracts: 2. In contract of real rights, 3rd person who
1. In case of unauthorized contract, may be came into possession of the object of the
ratified expressly or impliedly by the contract are bound.
person or on whose behalf it has ben
executed, b4 it is revoke by the other SALES
party contracting party;
2. In case of statute of fraud” I.INTRODUCTION
A.DEFINITON OF SALES